Bill Text Versions

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.2735.2835.2935.3035.3135.3236.136.236.336.436.536.636.736.836.936.1036.1136.1236.1336.1436.1536.1636.1736.1836.1936.2036.2136.2236.2336.2436.2536.2636.2736.2836.2936.3037.137.237.337.437.537.637.737.837.937.1037.1137.1237.1337.1437.1537.1637.1737.1837.1937.2037.2137.2237.2337.2437.2537.2637.2737.2837.2937.3038.138.238.338.438.538.638.738.838.938.1038.1138.1238.1338.1438.1538.1638.1738.1838.1938.2038.2138.2238.2338.2438.2538.2638.2738.2839.139.239.339.439.539.639.739.839.939.1039.1139.1239.1339.1439.1539.1639.1739.1839.1939.2039.2139.2239.2339.2439.2539.2639.2739.2839.2940.140.240.340.440.540.640.740.840.940.1040.1140.1240.1340.1440.1540.1640.1740.1840.1940.2040.2140.2240.2340.2440.2540.2640.2740.2840.2940.3040.3140.3240.3340.3441.141.241.341.441.541.641.741.841.941.1041.1141.1241.1341.1441.1541.1641.1741.1841.1941.2041.2141.2241.2341.2441.2541.2641.2741.2842.142.242.342.442.542.642.742.842.942.1042.1142.1242.1342.1442.1542.1642.1742.1842.1942.2042.2142.2242.2342.2442.2542.2642.2742.2842.2943.143.243.343.443.543.643.743.843.943.1043.1143.1243.1343.1443.1543.1643.1743.1843.1943.2043.2143.2243.2343.2443.2543.2643.2743.2843.2943.3044.144.244.344.444.544.644.744.844.944.1044.1144.1244.1344.1444.1544.1644.1744.1844.1944.2044.2144.2244.2344.2444.2544.2644.2744.2844.2944.3044.3144.3244.3345.145.245.345.445.545.645.745.845.945.1045.1145.1245.1345.1445.1545.1645.1745.1845.1945.2045.2145.2245.2345.2445.2545.2645.2745.2845.2945.3045.3145.3246.146.246.346.446.546.646.746.846.946.1046.1146.1246.1346.1446.1546.1646.1746.1846.1946.2046.2146.2246.2346.2446.2546.2646.2746.2846.2946.3047.147.247.347.447.547.647.747.847.947.1047.1147.1247.1347.1447.1547.1647.1747.1847.1947.2047.2147.2247.2347.2447.2547.2647.2747.2847.2947.3047.3148.148.248.348.448.548.648.748.848.948.1048.1148.1248.1348.1448.1548.1648.1748.1848.1948.2048.2148.2248.2348.2448.2548.2648.2748.2848.2948.3048.3148.3248.3349.149.249.349.449.549.649.749.849.949.1049.1149.1249.1349.1449.1549.1649.1749.1849.1949.2049.2149.2249.2349.2449.2549.2649.2749.2849.2949.3049.3149.3250.150.250.350.450.550.650.750.850.950.1050.1150.1250.1350.1450.1550.1650.1750.1850.1950.2050.2150.2250.2350.2450.2550.2650.2750.2850.2950.3050.3150.3251.151.251.351.451.551.651.751.851.951.1051.1151.1251.1351.1451.1551.1651.1751.1851.1951.2051.2151.2251.2351.2451.2551.2651.2751.2851.2951.3051.3152.152.252.352.452.552.652.752.852.952.1052.1152.1252.1352.1452.1552.1652.1752.1852.1952.2052.2152.2252.2352.2452.2552.2652.2752.2852.2952.3052.3152.3253.153.253.353.453.553.653.753.853.953.1053.1153.1253.1353.1453.1553.1653.1753.1853.1953.2053.2153.2253.2353.2453.2553.2653.2753.2853.2953.3054.154.254.354.454.554.654.754.854.954.1054.1154.1254.1354.1454.1554.1654.1754.1854.1954.2054.2154.2254.2354.2454.2554.2654.2754.2854.2954.3054.3155.155.255.355.455.555.655.755.855.955.1055.1155.1255.1355.1455.1555.1655.1755.1855.1955.2055.2155.2255.2355.2455.2555.2655.2755.2855.2955.3055.3156.156.256.356.456.556.656.756.856.956.1056.1156.1256.1356.1456.1556.1656.1756.1856.1956.2056.2156.2256.2356.2456.2556.2656.2756.2856.2956.3056.3157.157.257.357.457.557.657.757.857.957.1057.1157.1257.1357.1457.1557.1657.1757.1857.1957.2057.2157.2257.2357.2457.2557.2657.2757.2857.2957.3057.3158.158.258.358.458.558.658.758.858.958.1058.1158.1258.1358.1458.1558.1658.1758.1858.1958.2058.2158.2258.2358.2458.2558.2658.2758.2858.2958.3058.3158.3258.3358.3458.3559.159.259.359.459.559.659.759.859.959.1059.1159.1259.1359.1459.1559.1659.1759.1859.1959.2059.2159.2259.2359.2459.2559.2659.2759.2859.2959.3059.3159.3259.3359.3460.160.260.360.460.560.660.760.860.960.1060.1160.1260.1360.1460.1560.1660.1760.1860.1960.2060.2160.2260.2360.2460.2560.2660.2760.2860.2961.161.261.361.461.561.661.761.861.961.1061.1161.1261.1361.1461.1561.1661.1761.1861.1961.2061.2161.2261.2361.2461.2561.2661.2761.2862.162.262.362.462.562.662.762.862.962.1062.1162.1262.1362.1462.1562.1662.1762.1862.1962.2062.2162.2262.2362.2462.2562.2662.2762.2862.2963.163.263.363.463.563.663.763.863.963.1063.1163.1263.1363.1463.1563.1663.1763.1863.1963.2063.2163.2263.2363.2463.2563.2663.2763.2863.2964.164.264.364.464.564.664.764.864.964.1064.1164.1264.1364.1464.1564.1664.1764.1864.1964.2064.2164.2264.2364.2464.2564.2664.2764.2864.2964.3064.3164.3264.3365.165.265.365.465.565.665.765.865.965.1065.1165.1265.1365.1465.1565.1665.1765.1865.1965.2065.2165.2265.2365.2465.2565.2665.2765.2865.2965.3065.3166.166.266.366.466.566.666.766.866.966.1066.1166.1266.1366.1466.1566.1666.1766.1866.1966.2066.2166.2266.2366.2466.2566.2666.2766.2866.2966.3066.3166.3267.167.267.367.467.567.667.767.867.967.1067.1167.1267.1367.1467.1567.1667.1767.1867.1967.2067.2167.2267.2367.2467.2567.2667.2767.2867.2967.3067.3167.3267.3367.3468.168.268.368.468.568.668.768.868.968.1068.1168.1268.1368.1468.1568.1668.1768.1868.1968.2068.2168.2268.2368.2468.2568.2668.2768.2868.2968.3068.3168.3268.3368.3469.169.269.369.469.569.669.769.869.969.1069.1169.1269.1369.1469.1569.1669.1769.1869.1969.2069.2169.2269.2369.2469.2569.2669.2769.2869.2969.3069.3169.3269.3369.3470.170.270.370.470.570.670.770.870.970.1070.1170.1270.1370.1470.1570.1670.1770.1870.1970.2070.2170.2270.2370.2470.2570.2670.2770.2870.2970.3070.3171.171.271.371.471.571.671.771.871.971.1071.1171.1271.1371.1471.1571.1671.1771.1871.1971.2071.2171.2271.2371.2471.2571.2671.2771.2871.2971.3072.172.272.372.472.572.672.772.872.972.1072.1172.1272.1372.1472.1572.1672.1772.1872.1972.2072.2172.2272.2372.2472.2572.2672.2772.2872.2972.3072.3173.173.273.373.473.573.673.773.873.973.1073.1173.1273.1373.1473.1573.1673.1773.1873.1973.2073.2173.2273.2373.2473.2573.2673.2773.2874.174.274.374.474.574.674.774.874.974.1074.1174.1274.1374.1474.1574.1674.1774.1874.1974.2074.2174.2274.2374.2474.2574.2674.2774.2874.2974.3074.3174.3274.3374.3475.175.275.375.475.575.675.775.875.975.1075.1175.1275.1375.1475.1575.1675.1775.1875.1975.2075.2175.2275.2375.2475.2575.2675.2775.2875.2975.3075.3176.176.276.376.476.576.676.776.876.976.1076.1176.1276.1376.1476.1576.1676.1776.1876.1976.2076.2176.2276.2376.2476.2576.2676.2776.2876.2976.3077.177.277.377.477.577.677.777.877.977.1077.1177.1277.1377.1477.1577.1677.1777.1877.1977.2077.2177.2277.2377.2477.2577.2677.2777.2877.2977.3077.3177.3278.178.278.378.478.578.678.778.878.978.1078.1178.1278.1378.1478.1578.1678.1778.1878.1978.2078.2178.2278.2378.2478.2578.2678.2778.2878.2978.3078.3178.3278.3379.179.279.379.479.579.679.779.879.979.1079.1179.1279.1379.1479.1579.1679.1779.1879.1979.2079.2179.2279.2379.2479.2579.2679.2779.2880.180.280.380.480.580.680.780.880.980.1080.1180.1280.1380.1480.1580.1680.1780.1880.1980.2080.2180.2280.2380.2480.2580.2680.2780.2880.2980.3080.3180.3280.3381.181.281.381.481.581.681.781.881.981.1081.1181.1281.1381.1481.1581.1681.1781.1881.1981.2081.2181.2281.2381.2481.2581.2681.2781.2881.2981.3082.182.282.382.482.582.682.782.882.982.1082.1182.1282.1382.1482.1582.1682.1782.1882.1982.2082.2182.2282.2382.2482.2582.2682.2782.2882.2982.3082.3183.183.283.383.483.583.683.783.883.983.1083.1183.1283.1383.1483.1583.1683.1783.1883.1983.2083.2183.2283.2383.2483.2583.2683.2783.2883.2983.3083.3183.3283.3384.184.284.384.484.584.684.784.884.984.1084.1184.1284.1384.1484.1584.1684.1784.1884.1984.2084.2184.2284.2384.2484.2584.2684.2784.2884.2985.185.285.385.485.585.685.785.885.985.1085.1185.1285.1385.1485.1585.1685.1785.1885.1985.2085.2185.2285.2385.2485.2585.2685.2785.2885.2985.3085.3185.3286.186.286.386.486.586.686.786.886.986.1086.1186.1286.1386.1486.1586.1686.1786.1886.1986.2086.2186.2286.2386.2486.2586.2686.2786.2886.2986.3087.187.287.387.487.587.687.787.887.987.1087.1187.1287.1387.1487.1587.1687.1787.1887.1987.2087.2187.2287.2387.2487.2587.2687.2787.2887.2987.3087.3187.3287.3388.188.288.388.488.588.688.788.888.988.1088.1188.1288.1388.1488.1588.1688.1788.1888.1988.2088.2188.2288.2388.2488.2588.2688.2788.2888.2988.3088.3188.3288.3388.3489.189.289.389.489.589.689.789.889.989.1089.1189.1289.1389.1489.1589.1689.1789.1889.1989.2089.2189.2289.2389.2489.2589.2689.2789.2889.2989.3089.3190.190.290.390.490.590.690.790.890.990.1090.1190.1290.1390.1490.1590.1690.1790.1890.1990.2090.21

ARTICLE 1

ENVIRONMENT AND NATURAL RESOURCES

Section 1. new text beginAPPROPRIATIONS.new text end

new text beginThe sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2017, chapter 93, or appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal year indicated for each purpose. The figures "2018" and "2019" used in this article mean that the addition to the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively. "The first year" is fiscal year 2018. "The second year" is fiscal year 2019.new text end

new text beginAPPROPRIATIONSnew text end

new text beginAvailable for the Yearnew text end

new text beginEnding June 30new text end

new text begin2018new text end

new text begin2019new text end

Sec. 2. new text beginPOLLUTION CONTROL AGENCYnew text end

new text beginSubdivision 1.new text end

new text beginTotal Appropriationnew text end

new text begin$new text end

new text begin.......new text end

new text begin$new text end

new text begin300,000new text end

new text beginAppropriations by Fundnew text end

new text begin2018new text end

new text begin2019new text end

new text beginGeneralnew text end

new text begin-0-new text end

new text begin(700,000)new text end

new text beginEnvironmentalnew text end

new text begin-0-new text end

new text begin1,000,000new text end

new text beginSubd. 2.new text end

new text beginResource Managementnew text end

new text begin0new text end

new text begin0new text end

new text begin(a) $700,000 the second year is a reduction from the general fund for competitive recycling grants under Minnesota Statutes, section 115A.565.new text end

new text begin(b) $700,000 the second year is from the environmental fund for competitive recycling grants under Minnesota Statutes, section 115A.565.new text end

new text beginSubd. 3.new text end

new text beginWatershednew text end

new text begin0new text end

new text begin300,000new text end

new text begin$300,000 the second year is from the environmental fund for a grant to the Minnesota Association of County Feedlot Officers to develop, in coordination with the Pollution Control Agency and the University of Minnesota Extension program, an online training curriculum related to animal feedlot requirements under Minnesota Rules, chapter 7020. The curriculum must be developed to:new text end

new text begin(1) provide base-level knowledge to new and existing county feedlot pollution control officers on feedlot registration, permitting, compliance, enforcement, and program administration;new text end

new text begin(2) provide assistance to new and existing county feedlot pollution control officers for working efficiently and effectively with producers; andnew text end

new text begin(3) reduce the incidence of manure or nutrients entering surface water or groundwater.new text end

new text beginThis is a onetime appropriation and is available until June 30, 2020.new text end

Sec. 3. new text beginNATURAL RESOURCES.new text end

new text beginSubdivision 1.new text end

new text beginTotal Appropriationnew text end

new text begin$new text end

new text begin-0-new text end

new text begin$new text end

new text begin3,382,000new text end

new text beginAppropriations by Fundnew text end

new text begin2018new text end

new text begin2019new text end

new text beginGeneralnew text end

new text begin-0-new text end

new text begin(1,081,000)new text end

new text beginNatural Resourcesnew text end

new text begin-0-new text end

new text begin2,403,000new text end

new text beginGame and Fishnew text end

new text begin-0-new text end

new text begin2,060,000new text end

new text beginSubd. 2.new text end

new text beginLands and Minerals Managementnew text end

new text begin-0-new text end

new text begin625,000new text end

new text begin(a) $425,000 the second year is for aggregate mapping. This is a onetime appropriation and is available until June 30, 2020.new text end

new text begin(b) $200,000 the second year is to expand monitoring and modeling of water levels in the Canisteo and Arcturus to Hill Annex open-pit mine groups, with priority on the latter. The monitoring and modeling results must be used by the commissioner to develop plans to control and reduce the water levels in each pit group and ameliorate, mitigate, or eliminate the public safety hazards resulting from rising water in both open-pit groups. This is a onetime appropriation.new text end

new text beginSubd. 3.new text end

new text beginEcological and Water Resourcesnew text end

new text begin-0-new text end

new text begin(475,000)new text end

new text begin(a) $425,000 the second year is for grants to lake associations to manage aquatic invasive species, including grants for projects to control and provide public awareness of aquatic invasive species and for watercraft inspections in partnership with local units of government. This is a onetime appropriation.new text end

new text begin(b) $1,000,000 the second year is a reduction from the general fund for water monitoring and compliance.new text end

new text begin(c) $100,000 the second year is from the heritage enhancement account in the game and fish fund for a grant to the Board of Regents of the University of Minnesota to conduct a statewide survey and analysis of Minnesotans' attitude toward fish stocking. The survey must include a representative sample of Minnesotans from all regions of the state and must examine Minnesotans' attitudes toward the stocking of each fish species that is or has been stocked by the Department of Natural Resources. The Board of Regents must report the results of the survey and analysis to the chairs and ranking minority members of the legislative committees with jurisdiction over environment and natural resources finance no later than March 1, 2020. The report must include data about the amount spent on stocking each fish species.new text end

new text beginSubd. 4.new text end

new text beginForest Managementnew text end

new text begin-0-new text end

new text begin(131,000)new text end

new text begin(a) $1,131,000 the second year is a reduction to the general fund for the Next Generation Core Forestry data system.new text end

new text begin(b) $1,000,000 the second year is from the forest management investment account in the natural resources fund for the Next Generation Core Forestry data system. The appropriation is available until June 30, 2021.new text end

new text beginSubd. 5.new text end

new text beginParks and Trailsnew text end

new text begin-0-new text end

new text begin1,363,000new text end

new text begin(a) $100,000 the second year is from the all-terrain vehicle account in the natural resources fund to the commissioner of natural resources for a grant to the city of Virginia to develop, in cooperation with the Quad Cities ATV Club, an all-terrain vehicle trail system in the cities of Virginia, Eveleth, Gilbert, and Mountain Iron and surrounding areas. This is a onetime appropriation and is available until June 30, 2021.new text end

new text begin(b) $150,000 the second year is from the off-road vehicle account for a contract to assist the commissioner in planning, designing, and providing a system of state touring routes for off-road vehicles by identifying sustainable, legal routes suitable for licensed four-wheel drive vehicles and a system of recreational trails for registered off-road vehicles. This is a onetime appropriation and is available until June 30, 2019.new text end

new text begin(c) $200,000 the second year is from the off-road vehicle account in the natural resources fund for a contract to prepare a comprehensive, statewide, strategic master plan for trails for off-road vehicles. The master plan must be consistent with federal, tribal, state, and local law and regulations. The commissioner must consult with the Minnesota Four Wheel Drive Association in developing contract criteria. This is a onetime appropriation and is available until June 30, 2019.new text end

new text begin(d) $200,000 the second year is from the off-road vehicle account in the natural resources fund to share the cost by reimbursing federal, state, county, and township entities for additional needs on forest roads when the needs are a result of increased use by off-road vehicles and are attributable to a border-to-border touring route established by the commissioner. This section does apply to roads that are operated by a public road authority as defined in Minnesota Statutes, section 160.02, subdivision 25. This is a onetime appropriation and is available until June 30, 2021. To be eligible for reimbursement under this paragraph, the claimant must demonstrate that:new text end

new text begin(1) the needs result from additional traffic generated by the border-to-border touring route; andnew text end

new text begin(2) increased use attributable to a border-to-border touring route has caused at least a 50 percent increase in maintenance costs for forest roads under the claimant's jurisdiction, based on a ten-year maintenance average.new text end

new text beginBefore reimbursing a claim under this paragraph, the commissioner must consider whether the claim is consistent with claims made by other entities that administer forest roads on the touring route, in terms of the amount requested for reimbursement and the frequency of claims made.new text end

new text begin(e) $313,000 the second year is from the natural resources fund for a grant to St. Louis County as a match to a state bonding grant for trail and bridge construction and for a maintenance fund for a five-mile segment of the Voyageur Country ATV trail system, including a multiuse bridge over the Vermilion River that would serve ATVs, snowmobiles, off-road vehicles, off-highway motorcycles, and emergency vehicles in St. Louis County. Of this amount, $285,000 is from the all-terrain vehicle account, $14,000 is from the off-road vehicle account, and $14,000 is from the off-highway motorcycle account. This is a onetime appropriation and is available until June 30, 2021.new text end

new text begin(f) $300,000 the second year is from the natural resources fund for a grant to Lake County to match other funding sources to develop the Prospectors Loop trail system. Of this amount, $270,000 is from the all-terrain vehicle account, $15,000 is from the off-highway motorcycle account, and $15,000 is from the off-road vehicle account. This is a onetime appropriation and is available until June 30, 2021.new text end

new text begin(g) $100,000 the second year is from the all-terrain vehicle account in the natural resources fund for wetland delineation and work on an environmental assessment worksheet for the Taconite State Trail from Ely to Tower consistent with the 2017 Taconite State Trail Master Plan. This is a onetime appropriation and is available until June 30, 2021.new text end

new text beginSubd. 6.new text end

new text beginFish and Wildlife Managementnew text end

new text begin-0-new text end

new text begin1,960,000new text end

new text begin(a) $7,146,000 the second year is a reduction from the operations account in the game and fish fund.new text end

new text begin(b) $8,606,000 the second year is from the deer management account in the game and fish fund.new text end

new text begin(c) Notwithstanding Minnesota Statutes, section 297A.94, $500,000 the second year is from the heritage enhancement account in the game and fish fund for planning and emergency response to disease outbreaks in wildlife. This is a onetime appropriation and is available until June 30, 2020.new text end

new text beginSubd. 7.new text end

new text beginEnforcementnew text end

new text begin-0-new text end

new text begin40,000new text end

new text begin$40,000 the second year is from the all-terrain vehicle account in the natural resources fund for the development and implementation of safety coursework for younger riders. This is a onetime appropriation.new text end

new text beginSubd. 8.new text end

new text beginCancellationnew text end

new text beginOn July 1, 2018, $492,000 is canceled to the general fund from the amount appropriated for legal costs under Laws 2017, chapter 93, article 1, section 3, subdivision 8.new text end

Sec. 4. new text beginBOARD OF WATER AND SOIL RESOURCES.new text end

new text begin$new text end

new text begin-0-new text end

new text begin$new text end

new text begin650,000new text end

new text begin(a) $600,000 the second year is for a grant to the Alexandria Lake Area Sanitary District for lake management activities, including but not limited to alum treatment in Lake Agnes, carp removal in Lake Winona, and related management and reassessment measures that are intended to achieve and maintain compliance with water quality standards for phosphorus and the total maximum daily load for Lake Winona. This is a onetime appropriation and is available until June 30, 2020.new text end

new text begin(b) $50,000 the second year is for a grant to the Red River Basin Commission for water quality and floodplain management. This amount is in addition to the appropriation in Laws 2017, chapter 93, article 1, section 4, paragraph (i).new text end

Sec. 5. new text beginMETROPOLITAN COUNCILnew text end

new text begin$new text end

new text begin0new text end

new text begin$new text end

new text begin0new text end

new text beginAppropriations by Fundnew text end

new text begin2018new text end

new text begin2019new text end

new text beginGeneralnew text end

new text begin-0-new text end

new text begin(270,000)new text end

new text beginNatural Resourcesnew text end

new text begin-0-new text end

new text begin270,000new text end

new text begin(a) $270,000 the second year is a reduction from the general fund for metropolitan area regional parks operations and maintenance according to Minnesota Statutes, section 473.351.new text end

new text begin(b) $270,000 the second year is from the natural resources fund for metropolitan area regional parks and trails maintenance and operations. This appropriation is from the revenue deposited in the natural resources fund under Minnesota Statutes, section 297A.94, paragraph (h), clause (3).new text end

Sec. 6.

Laws 2010, chapter 361, article 4, section 78, is amended to read:

Sec. 78. APPROPRIATION; MOOSE TRAIL.

$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources from the all-terrain vehicle account in the natural resources fund for a grant to the city of Hoyt Lakes deleted text beginto convert the Moose Trail snowmobile trail todeleted text endnew text begin fornew text end a dual usage deleted text begintrail, so that it may also be used as andeleted text end off-highway vehicle trail connecting the city of Biwabik to the Iron Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and is available until deleted text beginspentdeleted text endnew text begin June 30, 2020new text end.

Subd. 5.

Parks and Trails Management

$2,300,000 the second year is from the state parks account in the natural resources fund. Of this amount, $1,300,000 is onetime, of which $1,150,000 is for strategic park acquisition.

$20,000 the second year is from the natural resources fund to design and erect signs marking the David Dill trail designated in this act. Of this amount, $10,000 is from the snowmobile trails and enforcement account and $10,000 is from the all-terrain vehicle account. This is a onetime appropriation.

$100,000 the second year is for the improvement of the infrastructure for sanitary sewer service at the Woodenfrog Campground in Kabetogama State Forest. This is a onetime appropriation.

$29,000 the second year is for computer programming related to the transfer-on-death title changes for watercraft. This is a onetime appropriation.

$210,000 the first year is from the water recreation account in the natural resources fund for implementation of Minnesota Statutes, section 86B.532, established in this act. This is a onetime appropriation. The commissioner of natural resources shall seek federal and other nonstate funds to reimburse the department for the initial costs of producing and distributing carbon monoxide boat warning labels. All amounts collected under this paragraph shall be deposited into the water recreation account.

$1,000,000 the second year is from the natural resources fund for a grant to Lake County for construction, including bridges, of the Prospectors ATV Trail System linking the communities of Ely, Babbitt, Embarrass, and Tower; Bear Head Lake and Lake Vermilion-Soudan Underground Mine State Parks; the Taconite State Trail; and the Lake County Regional ATV Trail System. Of this amount, $900,000 is from the all-terrain vehicle account, $50,000 is from the off-highway motorcycle account, and $50,000 is from the off-road vehicle account. This is a onetime appropriationnew text begin and is available until June 30, 2019new text end.

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES POLICY

Section 1.

new text begin[11A.236] ACCOUNT FOR INVESTMENT OF PERMIT TO MINE FINANCIAL ASSURANCE MONEY.new text end

new text beginSubdivision 1.new text end

new text beginEstablishment; appropriation.new text end

new text begin(a) The State Board of Investment, when requested by the commissioner of natural resources, may invest money collected by the commissioner as part of financial assurance provided under a permit to mine issued under chapter 93. The State Board of Investment may establish one or more accounts into which money may be deposited for the purposes of this section, subject to the policies and procedures of the State Board of Investment. Use of any money in the account shall be restricted to the financial assurance purposes identified in sections 93.46 to 93.51, and rules adopted thereunder, and as authorized under any trust fund agreements or other conditions established under a permit to mine.new text end

new text begin(b) Money in the accounts is appropriated to the commissioner for the purposes for which the account is established under this section.new text end

new text beginSubd. 2.new text end

new text beginAccount maintenance and investment.new text end

new text beginThe commissioner of natural resources may deposit money in the appropriate account and may withdraw money from the appropriate account for the financial assurance purposes identified in sections 93.46 to 93.51 and rules adopted thereunder and as authorized under any trust fund agreements or other conditions established under the permit to mine for which the financial assurance is provided, subject to the policies and procedures of the State Board of Investment. Investment strategies related to an account established under this section must be determined jointly by the commissioner of natural resources and the executive director of the State Board of Investment. The authorized investments for an account shall be the investments authorized under section 11A.24 that are made available for investment by the State Board of Investment. Investment transactions must be at a time and in a manner determined by the executive director of the State Board of Investment. Decisions to withdraw money from the account must be determined by the commissioner of natural resources, subject to the policies and procedures of the State Board of Investment. Investment earnings must be credited to the appropriate account for financial assurance under the identified permit to mine. An account may be terminated by the commissioner of natural resources at any time, so long as the termination is in accordance with applicable statutes, rules, trust fund agreements, or other conditions established under the permit to mine, subject to the policies and procedures of the State Board of Investment.new text end

Sec. 2.

Minnesota Statutes 2016, section 17.494, is amended to read:

17.494 AQUACULTURE PERMITS; RULES.

deleted text beginBy July 1, 1992,deleted text endnew text begin(b) new text endA state agency issuing multiple permits or licenses for aquaculture shall consolidate the permits or licenses required for every aquatic farm location. The Department of Natural Resources transportation permits are exempt from this requirement. State agencies shall adopt rules or issue commissioner's orders that establish permit and license requirements, approval timelines, and compliance standards.new text begin Saltwater aquatic farms, as defined in section 17.4982, and processing facilities for saltwater aquatic life, as defined in section 17.4982, must be classified as agricultural operations for purposes of any construction, discharge, or other permit issued by the Pollution Control Agency.new text end

Nothing in this section modifies any state agency's regulatory authority over aquaculture production.

Sec. 3.

Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to read:

new text beginSubd. 20a.new text end

new text beginSaltwater aquaculture.new text end

new text begin"Saltwater aquaculture" means the commercial propagation and rearing of saltwater aquatic life, including, but not limited to, crustaceans, primarily for consumption as human food.new text end

Sec. 4.

Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to read:

new text beginSubd. 20b.new text end

new text beginSaltwater aquatic farm.new text end

new text begin"Saltwater aquatic farm" means a facility used for saltwater aquaculture, including, but not limited to, artificial ponds, vats, tanks, raceways, and other facilities that an aquatic farmer owns or has exclusive control of for the sole purpose of producing saltwater aquatic life.new text end

Sec. 5.

Minnesota Statutes 2016, section 17.4982, is amended by adding a subdivision to read:

new text beginSubd. 20c.new text end

new text beginSaltwater aquatic life.new text end

new text begin"Saltwater aquatic life" means aquatic species that are saltwater obligates or perform optimally when raised in salinities closer to that of natural seawater and need saltwater to survive.new text end

Sec. 6.

new text beginSubdivision 1.new text end

new text beginPurpose.new text end

new text beginThe legislature finds that it is in the public interest to increase private saltwater aquaculture production and processing in this state under the coordination of the commissioner of agriculture. Additional private production will reduce dependence on foreign suppliers and benefit the rural economy by creating new jobs and economic activity.new text end

new text beginSubd. 2.new text end

new text beginTransportation permit.new text end

new text begin(a) Notwithstanding the requirements in section 17.4985, saltwater aquatic life transportation and importation requirements are governed by this section. A transportation permit is required prior to any importation or intrastate transportation of saltwater aquatic life not exempted under subdivision 3. A transportation permit may be used for multiple shipments within the 30-day term of the permit if the source and the destination remain the same. Transportation permits must be obtained from the commissioner prior to shipment of saltwater aquatic life.new text end

new text begin(b) An application for a transportation permit must be made in the form required by the commissioner. The commissioner may reject an incomplete application.new text end

new text begin(c) An application for a transportation permit must be accompanied by satisfactory evidence, as determined by the commissioner, that the shipment is free of any nonindigenous species of animal other than the saltwater aquatic species and either:new text end

new text begin(1) the facility from which the saltwater aquatic life originated has provided documentation of 36 or more consecutive months of negative testing by an approved laboratory as free of any disease listed by OIE - the World Organisation for Animal Health for that species following the testing guidelines outlined in the OIE Aquatic Animal Health Code for crustaceans or the AFS Fish Health Blue Book for other species, as appropriate; ornew text end

new text begin(2) the saltwater aquatic life to be imported or transported includes documentation of negative testing for that specific lot by an approved laboratory as free of any disease listed by OIE - the World Organisation for Animal Health for crustaceans or in the AFS Fish Health Blue Book for other species, as appropriate.new text end

new text beginIf a shipment authorized by the commissioner under clause (1) includes saltwater aquatic life that originated in a foreign country, the shipment must be quarantined at the receiving facility according to a quarantine plan approved by the commissioner. A shipment authorized by the commissioner under clause (2) must be quarantined at the receiving facility according to a quarantine plan approved by the commissioner.new text end

new text begin(d) For purposes of this subdivision, "approved laboratory" means a laboratory approved by the commissioner or the United States Department of Agriculture, Animal and Plant Health Inspection Services.new text end

new text begin(e) No later than 14 calendar days after a completed transportation permit application is received, the commissioner must approve or deny the transportation permit application.new text end

new text begin(f) A copy of the transportation permit must accompany a shipment of saltwater aquatic life while in transit and must be available for inspection by the commissioner.new text end

new text begin(g) A vehicle used by a licensee for transporting aquatic life must be identified with the license number and the licensee's name and town of residence as it appears on the license. A vehicle used by a licensee must have identification displayed so that it is readily visible from either side of the vehicle in letters and numbers not less than 2-1/2 inches high and three-eighths inch wide. Identification may be permanently affixed to vehicles or displayed on removable plates or placards placed on opposite doors of the vehicle or on the tanks carried on the vehicle.new text end

new text begin(h) An application to license a vehicle for brood stock or larvae transport or for use as a saltwater aquatic life vendor that is received by the commissioner is a temporary license until approved or denied by the commissioner.new text end

new text beginSubd. 3.new text end

new text beginExemptions.new text end

new text begin(a) A transportation permit is not required to transport or import saltwater aquatic life:new text end

new text begin(1) previously processed for use as food or other purposes unrelated to propagation;new text end

new text begin(2) transported directly to an outlet for processing as food or for other food purposes if accompanied by shipping documents;new text end

new text begin(3) that is being exported if accompanied by shipping documents;new text end

new text begin(4) that is being transported through the state if accompanied by shipping documents; ornew text end

new text begin(5) transported intrastate within or between facilities licensed for saltwater aquaculture by the commissioner if accompanied by shipping documents.new text end

new text begin(b) Shipping documents required under paragraph (a) must include the place of origin, owner or consignee, destination, number, species, and satisfactory evidence, as determined by the commissioner, of the disease-free certification required under subdivision 2, paragraph (c), clauses (1) and (2).new text end

Sec. 7.

Subd. 6.

Legal counsel.

The commissioner of natural resources may appoint attorneys or outside counsel to render title opinions, represent the department in severed mineral interest forfeiture actions brought pursuant to section 93.55, and, notwithstanding any statute to the contrary, represent the state in quiet title or title registration actions affecting land or interests in land administered by the commissionernew text begin and in all proceedings relating to road vacationsnew text end.

Sec. 8.

Subd. 2.

Application.

(a) Subdivision 1 does not apply to:

(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land under section 273.13, deleted text beginordeleted text end on deleted text beginditches and roadwaysdeleted text endnew text begin a ditch, or on an existing public road right-of-way as defined in section 84.92, subdivision 6a, except for ground not previously disturbed by construction or maintenancenew text end; and

(2) noxious weeds designated pursuant to sections 18.76 to 18.88 or to weeds otherwise designated as troublesome by the Department of Agriculture.

(b) If control of noxious weeds is necessary, it takes priority over the protection of endangered plant species, as long as a reasonable effort is taken to preserve the endangered plant species first.

(c) The taking or killing of an endangered plant species on land adjacent to class 3 or 3b agricultural land as a result of the application of pesticides or other agricultural chemical on the class 3 or 3b land is not a violation of subdivision 1, if reasonable care is taken in the application of the pesticide or other chemical to avoid impact on adjacent lands. For the purpose of this paragraph, class 3 or 3b agricultural land does not include timber land, waste land, or other land for which the owner receives a state paid wetlands or native prairie tax credit.

(d) The accidental taking of an endangered plant, where the existence of the plant is not known at the time of the taking, is not a violation of subdivision 1.

Sec. 9.

Subdivision 1.

Required rules.

With a view of achieving maximum use of snowmobiles consistent with protection of the environment the commissioner of natural resources shall adopt rules in the manner provided by chapter 14, for the following purposes:

(1) Registration of snowmobiles and display of registration numbers.

(2) Use of snowmobiles insofar as game and fish resources are affected.

(3) Use of snowmobiles on public lands and waters, or on grant-in-aid trails.

(4) Uniform signs to be used by the state, counties, and cities, which are necessary or desirable to control, direct, or regulate the operation and use of snowmobiles.

(5) Specifications relating to snowmobile mufflers.

(6) A comprehensive snowmobile information and safety education and training program, including but not limited to the preparation and dissemination of snowmobile information and safety advice to the public, the training of snowmobile operators, and the issuance of snowmobile safety certificates to snowmobile operators who successfully complete the snowmobile safety education and training course. For the purpose of administering such program and to defray expenses of training and certifying snowmobile operators, the commissioner shall collect a fee from each person who receives the youth or adult training. The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a manner that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the services. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The fees may be established by the commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the snowmobile trails and enforcement account in the natural resources fund and the amount thereof, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to the Enforcement Division of the Department of Natural Resources for the administration of such programs. In addition to the fee established by the commissioner, instructors may charge each person new text beginany fee paid by the instructor for the person's online training course and new text endup to the established fee amount for class materials and expenses. The commissioner shall cooperate with private organizations and associations, private and public corporations, and local governmental units in furtherance of the program established under this clause. School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training. The commissioner shall consult with the commissioner of public safety in regard to training program subject matter and performance testing that leads to the certification of snowmobile operators.

(7) The operator of any snowmobile involved in an accident resulting in injury requiring medical attention or hospitalization to or death of any person or total damage to an extent of $500 or more, shall forward a written report of the accident to the commissioner on such form as the commissioner shall prescribe. If the operator is killed or is unable to file a report due to incapacitation, any peace officer investigating the accident shall file the accident report within ten business days.

Subdivision 1.

new text begin(1)new text end a comprehensive all-terrain vehicle environmental and safety education and training new text begincertification new text endprogram, including the preparation and dissemination of vehicle information and safety advice to the public, the training of all-terrain vehicle operators, and the issuance of all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who successfully complete the all-terrain vehicle environmental and safety education and training coursedeleted text begin.deleted text endnew text begin; andnew text end

new text begin(2) a voluntary all-terrain vehicle online training program for youth and a parent or guardian, offered at no charge for operators at least six years of age but younger than ten years of age.new text end

new text begin(b)new text end A parent or guardian must be present at deleted text beginthe hands-ondeleted text endnew text begin anew text end training deleted text beginportion of thedeleted text end program deleted text beginfordeleted text endnew text begin when thenew text end youth deleted text beginwho are six through tendeleted text endnew text begin is under tennew text end years of age.

deleted text begin(b)deleted text endnew text begin (c)new text end For the purpose of administering the program and to defray the expenses of training and certifying vehicle operators, the commissioner shall collect a fee from each person who receives the trainingnew text begin for certification under paragraph (a), clause (1)new text end. The commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle safety certificate. The commissioner shall establish both fees in a manner that neither significantly overrecovers nor underrecovers costs, including overhead costs, involved in providing the services. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The fees may be established by the commissioner notwithstanding section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain vehicle account in the natural resources fund and the amount thereof, except for the electronic licensing system commission established by the commissioner under section 84.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated annually to the Enforcement Division of the Department of Natural Resources for the administration of the programs. In addition to the fee established by the commissioner, instructors may charge each person up to the established fee amount for class materials and expenses.

deleted text begin(c)deleted text endnew text begin (d)new text end The commissioner shall cooperate with private organizations and associations, private and public corporations, and local governmental units in furtherance of the deleted text beginprogramdeleted text endnew text beginprogramsnew text end established under this section. School districts may cooperate with the commissioner and volunteer instructors to provide space for the classroom portion of the training. The commissioner shall consult with the commissioner of public safety in regard to deleted text begintraining programdeleted text endnew text begin thenew text end subject matter new text beginof the training programs new text endand performance testing that leads to the certification of vehicle operators. The commissioner shall incorporate a riding component in the deleted text beginsafety education anddeleted text end training deleted text beginprogramdeleted text endnew text begin certification programs established under this section, and may incorporate a riding component in the training program as established in paragraph (a), clause (2)new text end.

Sec. 11.

Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on public road rights-of-way that is permitted under section 84.928 and as provided under paragraph (j), a driver's license issued by the state or another state is required to operate an all-terrain vehicle along or on a public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of age but less than 16 years may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate on public lands and waters or state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner and is accompanied by a person 18 years of age or older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years old, but less than 16 years old, must:

(1) successfully complete the safety education and training program under section 84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least deleted text beginsixdeleted text endnew text begin tennew text end years of age may take the safety education and training program and may receive an all-terrain vehicle safety certificate under paragraph (d), but the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 110cc if the vehicle is a class 1 all-terrain vehicle with straddle-style seating or up to 170cc if the vehicle is a class 1 all-terrain vehicle with side-by-side-style seating on public lands or waters if accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public lands or waters or on state or grant-in-aid trails if the person cannot properly reach and control:

(1) the handle bars and reach the foot pegs while sitting upright on the seat of the all-terrain vehicle with straddle-style seating; or

(2) the steering wheel and foot controls of a class 1 all-terrain vehicle with side-by-side-style seating while sitting upright in the seat with the seat belt fully engaged.

(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 16 years old, may make a direct crossing of a public road right-of-way of a trunk, county state-aid, or county highway or operate an all-terrain vehicle on public lands and waters or state or grant-in-aid trails if:

(1) the nonresident youth has in possession evidence of completing an all-terrain safety course offered by the ATV Safety Institute or another state as provided in section 84.925, subdivision 3; and

(2) the nonresident youth is accompanied by a person 18 years of age or older who holds a valid driver's license.

(j) A person 12 years of age but less than 16 years of age may operate an all-terrain vehicle on the roadway, bank, slope, or ditch of a public road right-of-way as permitted under section 84.928 if the person:

(1) possesses a valid all-terrain vehicle safety certificate issued by the commissioner; and

(2) is accompanied by a parent or legal guardian on a separate all-terrain vehicle.

Subd. 3.

Bait harvest from infested waters.

(b) In waters that are listed as infested waters, except those listed as infested with prohibited invasive species of fish or certifiable diseases of fish, as defined under section 17.4982, subdivision 6, taking wild animals may be permitted for:

(1) commercial taking of wild animals for bait and aquatic farm purposes as provided in a permit issued under section 84D.11, subject to rules adopted by the commissioner; and

(2) bait purposes for noncommercial personal use in waters that contain Eurasian watermilfoil, when the infested waters are listed solely because they contain Eurasian watermilfoil and if the equipment for taking is limited to cylindrical minnow traps not exceeding 16 inches in diameter and 32 inches in length.

(c) In streams or rivers that are listed as infested waters, except those listed as infested with certifiable diseases of fish, as defined under section 17.4982, subdivision 6, the harvest of bullheads, goldeyes, mooneyes, sheepshead (freshwater drum), and suckers for bait by hook and line for noncommercial personal use is allowed as follows:

(1) fish taken under this paragraph must be used on the same body of water where caught and while still on that water body. Where the river or stream is divided by barriers such as dams, the fish must be caught and used on the same section of the river or stream;

(2) fish taken under this paragraph may not be transported live from or off the water body;

(3) fish harvested under this paragraph may only be used in accordance with this section;

(4) any other use of wild animals used for bait from infested waters is prohibited;

(5) fish taken under this paragraph must meet all other size restrictions and requirements as established in rules; and

(6) all species listed under this paragraph shall be included in the person's daily limit as established in rules, if applicable.

(d) In the new text beginMinnesota River downstream of Granite Falls, the new text endMississippi River downstream of St. Anthony Fallsnew text begin,new text end and the St. Croix River downstream of the dam at Taylors Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items A and B, the harvest of gizzard shad by cast net for noncommercial personal use as bait for angling, as provided in a permit issued under section 84D.11, is allowed as follows:

(1) nontarget species must immediately be returned to the water;

(2) gizzard shad taken under this paragraph must be used on the same body of water where caught and while still on that water body. Where the river is divided by barriers such as dams, the gizzard shad must be caught and used on the same section of the river;

(3) gizzard shad taken under this paragraph may not be transported off the water body; and

(4) gizzard shad harvested under this paragraph may only be used in accordance with this section.

Subd. 4.

(a) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is listed because it contains invasive fish, invertebrates, new text beginaquatic plants or aquatic macrophytes other than Eurasian watermilfoil, new text endor certifiable diseases, as defined in section 17.4982, must be tagged with tags provided by the commissioner, as specified in the commercial licensee's license or permit. Tagged gear must not be used in water bodies other than those specified in the license or permit. Thenew text begin license ornew text end permit may authorize department staff to remove tags deleted text beginafter thedeleted text endnew text begin fromnew text end gear deleted text beginisdeleted text endnew text begin that has beennew text end decontaminatednew text begin according to a protocol specified by the commissioner if the use of the decontaminated gear in other water bodies would not pose an unreasonable risk of harm to natural resources or the use of natural resources in the statenew text end. This tagging requirement does not apply to commercial fishing equipment used in Lake Superior.

(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in an infested water that is listed solely because it contains Eurasian watermilfoil must be dried for a minimum of ten days or frozen for a minimum of two days before they are used in any other waters, except as provided in this paragraph. Commercial licensees must notify the department's regional or area fisheries office or a conservation officer before removing nets or equipment from an infested water listed solely because it contains Eurasian watermilfoil and before resetting those nets or equipment in any other waters. Upon notification, the commissioner may authorize a commercial licensee to move nets or equipment to another water without freezing or drying, if that water is listed as infested solely because it contains Eurasian watermilfoil.

(c) A commercial licensee must remove all aquatic macrophytes from nets and other equipment before placing the equipment into waters of the state.

(d) The commissioner shall provide a commercial licensee with a current listing of listed infested waters at the time that a license or permit is issued.

Sec. 14.

Subd. 2b.

Gull Lake pilot study.

(a) The commissioner may include an additional targeted pilot study to include water-related equipment with zebra mussels attached for deleted text beginthe Gull Narrows State Water Access Site, Government Point State Water Access Site, and Gull East Statedeleted text end water access deleted text beginSitedeleted text endnew text begin sitesnew text end on Gull Lake (DNR Division of Waters number 11-0305) in Cass and Crow Wing Counties using the same authorities, general procedures, and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. Lake service providers participating in the Gull Lake targeted pilot study place of business must be located in Cass or Crow Wing County.

(b) If an additional targeted pilot project for Gull Lake is implemented under this section, the report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over natural resources required under Laws 2016, chapter 189, article 3, section 48, must also include the Gull Lake targeted pilot study recommendations and assessments.

(c) This subdivision expires December 1, 2019.

Sec. 15.

Subd. 2c.

Cross Lake pilot study.

(a) The commissioner may include an additional targeted pilot study to include water-related equipment with zebra mussels attached for deleted text beginthe Cross Lake #1 Statedeleted text end water access deleted text beginSitedeleted text endnew text begin sitesnew text end on Cross Lake (DNR Division of Waters number 18-0312) in Crow Wing County using the same authorities, general procedures, and requirements provided for the Lake Minnetonka pilot project in subdivision 2a. The place of business of lake service providers participating in the Cross Lake targeted pilot study must be located in Cass or Crow Wing County.

(b) If an additional targeted pilot project for Cross Lake is implemented under this section, the report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over natural resources required under Laws 2016, chapter 189, article 3, section 48, must also include the Cross Lake targeted pilot study recommendations and assessments.

(2) a representative deleted text beginofdeleted text endnew text begin fornew text end the Croft Mine Historical Park deleted text beginJoint Powers Boarddeleted text endnew text beginappointed by the members of the Cuyuna Country State Recreation Area Citizens Advisory Council who are appointed under clauses (1) and (4) to (13)new text end;

(3) a deleted text begindesignee of the Cuyuna Range Mineland Reclamation Committee who has worked as a miner in the local areadeleted text endnew text begin member at large appointed by the members of the Cuyuna Country State Recreation Area Citizens Advisory Council who are appointed under clauses (1) and (4) to (13)new text end;

Sec. 17.

Subd. 8a.

Marine carbon monoxide detection system.

"Marine carbon monoxide detection system" means a device or system deleted text beginthat meets the requirements of the American Boat and Yacht Council Standard A-24, July, 2015, for carbon monoxide detection systems.deleted text endnew text beginfor detecting carbon monoxide that is certified by a nationally recognized testing laboratory to conform to current UL Standards for use on recreational boats.new text end

Sec. 18.

Subdivision 1.

Requirementsnew text begin; installationnew text end.

(a) No motorboat new text beginused for recreational purposes new text endthat has an enclosed accommodation compartment may be operated on any waters of the state unless the motorboat is equipped with a functioning marine carbon monoxide detection system installed according to the manufacturer's instructionsnew text begin and this subdivisionnew text end.

(b) deleted text beginAfter May 1, 2017,deleted text end No new motorboat new text beginused for recreational purposes new text endthat has an enclosed accommodation compartment may be sold or offered for sale in Minnesota unless the motorboat is equipped with a new functioning marine carbon monoxide detection system installed according to the manufacturer's instructionsnew text begin and this subdivisionnew text end.

new text begin(c) A marine carbon monoxide detection system must be located:new text end

new text begin(1) to monitor the atmosphere of the enclosed accommodation compartment; andnew text end

new text begin(2) within ten feet or 3.048 meters of any designated sleeping accommodations.new text end

new text begin(d) A marine carbon monoxide detection system, including a sensor, must not be located within five feet or 1.52 meters of any cooking appliance.new text end

Sec. 19.

Minnesota Statutes 2016, section 88.10, is amended by adding a subdivision to read:

new text beginSubd. 3.new text end

new text beginWildland firefighters; training and licensing.new text end

new text beginForest officers and all individuals employed as wildland firefighters under this chapter are not subject to the requirements of chapter 299N.new text end

Sec. 20.

Subdivision 1.

Misdemeanor offenses; damages; injunctive relief.

new text begin(a) new text endAny person who violates any of the provisions of sections 88.03 to 88.22 for which no specific penalty is therein prescribed shall be guilty of a misdemeanor and be punished accordingly.

new text begin(b) new text endFailure by any person to comply with any provision or requirement of sections 88.03to 88.22 to which such person is subject shall be deemed a violation thereof.

new text begin(c) new text endAny person who violates deleted text beginany provisions ofdeleted text end sections 88.03 to 88.22, in addition to any penalties therein prescribed, or hereinbefore in this section prescribed, for such violation, shall also be liable in full damages to any and every person suffering loss or injury by reason of such violation, including liability to the state, and any of its political subdivisions, for all expenses incurred in fighting or preventing the spread of, or extinguishing, any fire caused by, or resulting from, any violation of these sections.new text begin Notwithstanding any statute to the contrary, an attorney who is licensed to practice law in Minnesota and is an employee of the Department of Natural Resources may represent the commissioner in proceedings under this subdivision that are removed to district court from conciliation court.new text end All expenses so collected by the state shall be deposited in the general fund. When a fire set by any person spreads to and damages or destroys property belonging to another, the setting of the fire shall be prima facie evidence of negligence in setting and allowing the same to spread.

new text begin(d) new text endAt any time the state, or any political subdivision thereof, either of its own motion, or at the suggestion or request of the director, may bring an action in any court of competent jurisdiction to restrain, enjoin, or otherwise prohibit any violation of sections 88.03 to 88.22, whether therein described as a crime or not, and likewise to restrain, enjoin, or prohibit any person from proceeding further in, with, or at any timber cutting or other operations without complying with the provisions of those sections, or the requirements of the director pursuant thereto; and the court may grant such relief, or any other appropriate relief, whenever it shall appear that the same may prevent loss of life or property by fire, or may otherwise aid in accomplishing the purposes of sections 88.03 to 88.22.

Sec. 21.

89.17 LEASES AND PERMITS.

(a) Notwithstanding the permit procedures of chapter 90, the commissioner may grant and execute, in the name of the state, leases and permits for the use of any forest lands under the authority of the commissioner for any purpose that in the commissioner's opinion is not inconsistent with the maintenance and management of the forest lands, on forestry principles for timber production. Every such lease or permit is revocable at the discretion of the commissioner at any time subject to such conditions as may be agreed on in the lease. The approval of the commissioner of administration is not required upon any such lease or permit. No such lease or permit for a period exceeding 21 years shall be granted except with the approval of the Executive Council.

(b) Public access to the leased land for outdoor recreation is the same as access would be under state management.

(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable costs incurred for preparing and issuing the lease, all remaining proceeds from leasing school trust land and university land for roads on forest lands must be deposited into the respective permanent fund for the lands.

(d) The commissioner may require a performance bondnew text begin, security deposit, or other form of securitynew text end for removing any improvements or personal property left on the leased premises by the lessee upon termination or cancellation of the lease.

Sec. 22.

Minnesota Statutes 2016, section 89.551, is amended to read:

89.551 APPROVED FIREWOOD REQUIRED.

(a) After the commissioner issues an order under paragraph (b), a person may not possess firewood on land administered by the commissioner of natural resources unless the firewood:

(1) was obtained from a firewood distribution facility located on land administered by the commissioner;

(2) was obtained from a firewood dealer who is selling firewood that is approved by the commissioner under paragraph (b); or

(3) has been approved by the commissioner of natural resources under paragraph (b).

(b) The commissioner of natural resources shall, by written order published in the State Register, approve firewood for possession on lands administered by the commissioner. The order is not subject to the rulemaking provisions of chapter 14new text begin,new text end and section 14.386 does not apply.

(c) A violation under this section is subject to confiscation of firewood deleted text beginand after May 1, 2008, confiscationdeleted text end and a $100 penalty. deleted text beginA firewood dealer shall be subject to confiscation and assessed a $100 penalty for each sale of firewood not approved under the provisions of this section and sold for use on land administered by the commissioner.deleted text end

(d) For the purposes of this section, "firewood" means any wood that is intended for use in a campfire, as defined in section 88.01, subdivision 25.

Sec. 23.

Minnesota Statutes 2016, section 92.50, is amended by adding a subdivision to read:

new text beginSubd. 3.new text end

new text beginSecurity requirement.new text end

new text beginThe commissioner may require a performance bond, security deposit, or other form of security for removing any improvements or personal property left on the leased premises by the lessee upon termination or cancellation of the lease.new text end

Sec. 24.

Subd. 2.

Public sale requirements.

(a) After complying with subdivision 1 and before any public sale of surplus state-owned land is made and at least 30 days before the sale, the commissioner of natural resources shall publish a notice of the sale in a newspaper of general distribution in the county in which the real property to be sold is situated. The notice shall specify the time and place at which the sale will commence, a general description of the lots or tracts to be offered, and a general statement of the terms of sale. The commissioner shall also provide electronic notice of sale.

(b) The minimum bid for a parcel of land must include the estimated value or appraised value of the land and any improvements and, if any of the land is valuable for merchantable timber, the value of the merchantable timber. The minimum bid may include expenses incurred by the commissioner in rendering the property salable, including survey, appraisal, legal, advertising, and other expenses.

(c) The purchaser of state land must pay recording fees and the state deed tax.

(d) Except as provided under paragraph (e), parcels remaining unsold after the offering may be sold to anyone agreeing to pay at least 75 percent of the appraised value. The sale shall continue until all parcels are sold or until the commissioner orders a reappraisal or withdraws the remaining parcels from sale.

(e) The commissioner may retain the services of a licensed real estate broker to find a buyer for parcels remaining unsold after the offering. The sale price may be negotiated by the broker, but must not be less than 90 percent of the appraised value as determined by the commissioner. The broker's fee must be established by prior agreement between the commissioner and the broker and must not exceed ten percent of the sale price for sales of $10,000 or more. The broker's fee must be paid to the broker from the proceeds of the sale.

new text begin(f) Public sales of surplus state-owned land may be conducted through online auctions.new text end

Sec. 25.

Subd. 2.

Summary of fish and game laws.

(a) The commissioner shall prepare a summary of the hunting and fishing laws and rules and deliver a sufficient supply to license vendors deleted text beginto furnish one copy to each person obtaining a hunting, fishing, or trapping licensedeleted text end.

(b) At the beginning of the summary, under the heading "Trespass," the commissioner shall summarize the trespass provisions under sections 97B.001 to 97B.945, state that conservation officers and peace officers must enforce the trespass laws, and state the penalties for trespassing.

(c) In the summary the commissioner shall, under the heading "Duty to Render Aid," summarize the requirements under section 609.662 and state the penalties for failure to render aid to a person injured by gunshot.

(c) $1 from each annual deer license and each bear license and $1 annually from the lifetime fish and wildlife trust fund, established in section 97A.4742, for each license issued under section 97A.473, subdivision 4, shall be credited to the deer and bear management account and is appropriated to the commissioner for deer- and bear-management programs, including a computerized licensing system.

(d) Fifty cents from each deer license is credited to the emergency deer feeding and wild Cervidae health-management account and is appropriated for emergency deer feeding and wild Cervidae health management. Money appropriated for emergency deer feeding and wild Cervidae health management is available until expended.

When the unencumbered balance in the appropriation for emergency deer feeding and wild Cervidae health management exceeds $2,500,000 at the end of a fiscal year, the unencumbered balance in excess of $2,500,000 is canceled and available for deer- and bear-management programs and computerized licensing.

Sec. 27.

new text begin[97A.409] VOTER REGISTRATION INFORMATION.new text end

new text begin(a) On the Department of Natural Resources online license sales Web site for purchasing a resident license to hunt or fish that is required under the game and fish laws, the commissioner must include the voter registration eligibility requirements and a description of how to register to vote before or on election day. On the Web page where an individual has the option to print a license to hunt or fish, the commissioner must include a direct link to the secretary of state's online voter registration Web page.new text end

new text begin(b) In the printed and digital versions of fishing regulations and hunting and trapping regulations, the commissioner must include the voter registration eligibility requirements, a description of how to register to vote before or on election day, and a link to the secretary of state's online voter registration Web page. In addition, the commissioner must include a voter registration application in the printed and digital versions of fishing regulations and hunting and trapping regulations.new text end

new text begin(c) The secretary of state must provide the required voter registration information to the commissioner. The secretary of state must prepare and approve an alternate form of the voter registration application to be used in the regulations.new text end

new text beginEFFECTIVE DATE.new text end

new text beginParagraph (a) is effective on August 1, 2018, and applies to licenses issued on or after March 1, 2019. Paragraph (b) is effective on August 1, 2018, and applies to printed and digital versions of regulations updated on or after that date.new text end

Sec. 28.

Subd. 4.

Discretionary separate selection; eligibility.

(a) The commissioner may conduct a separate selection for up to 20 percent of the elk licenses to be issued for an area. Only owners of, and tenants living on, at least 160 acres of agricultural or grazing land in the area, and their family members, are eligible for the separate selection. Persons that are unsuccessful in a separate selection must be included in the selection for the remaining licenses. Persons who obtain an elk license in a separate selection deleted text beginmust allow public elk hunting on their land during the elk season for which the license is validdeleted text endnew text begin may sell the license to any Minnesota resident eligible to hunt big game for no more than the original cost of the licensenew text end.

(b) The commissioner may by rule establish criteria for determining eligible family members under this subdivision.

Sec. 29.

Subd. 5.

Mandatory separate selection.

The commissioner must conduct a separate selection for 20 percent of the elk licenses to be issued each year. Only individuals who have applied at least ten times for an elk license and who have never received a license are eligible for this separate selection.new text begin A person who is unsuccessful in a separate selection under this subdivision must be included in the selection for the remaining licenses.new text end

Sec. 30.

Subd. 6.

Provisional certificate for persons with new text beginpermanent physical or new text enddevelopmental disability.

Upon the recommendation of a course instructor, the commissioner may issue a provisional firearms safety certificate to a person who satisfactorily completes the classroom portion of the firearms safety course but is unable to pass the written or an alternate format exam portion of the course because of new text begina permanent physical disability or new text enddevelopmental disability as defined in section 97B.1055, subdivision 1. The certificate is valid only when used according to section 97B.1055.

Sec. 31.

Minnesota Statutes 2016, section 97B.1055, is amended to read:

97B.1055 HUNTING BY PERSONS WITH new text beginA PERMANENT PHYSICAL OR new text endDEVELOPMENTAL DISABILITY.

Subdivision 1.

Definitions.

new text begin(a) Anew text end "person with developmental disability" means a person who has been diagnosed as having substantial limitations in present functioning, manifested as significantly subaverage intellectual functioning, existing concurrently with demonstrated deficits in adaptive behavior, and who manifests these conditions before the person's 22nd birthday.

new text begin(b)new text end A new text begin"new text endperson with a related conditionnew text begin"new text end means a person who meets the diagnostic definition under section 252.27, subdivision 1a.

new text begin(c) A "person with a permanent physical disability" means a person who has a physical disability that prevents them from being able to navigate natural terrain or hold a firearm for the purpose of a required field component for the firearm safety training program under section 97B.020.new text end

(b) Any person accompanying or assisting a person with new text begina permanent physical disability or new text enddevelopmental disability under this section must possess a valid firearms safety certificate issued by the commissioner.

Subd. 3.

Assistance required.

A person who obtains a firearms hunting license under subdivision 2 must be accompanied and assisted by a parent, guardian, or other adult person designated by a parent or guardian when hunting. A person who is not hunting but is solely accompanying and assisting a person with new text begina permanent physical disability or new text enddevelopmental disability need not obtain a hunting license.

Subd. 4.

Prohibited activities.

(a) This section does not entitle a person to possess a firearm if the person is otherwise prohibited from possessing a firearm under state or federal law or a court order.

(b) No person shall knowingly authorize or permit a person, who by reason of new text begina permanent physical disability or new text enddevelopmental disability is incapable of safely possessing a firearm, to possess a firearm to hunt in the state or on any boundary water of the state.

Sec. 32.

Subd. 3a.

Cast nets for gizzard shad.

(a) Cast nets may be used only to take gizzard shad for use as bait for angling:

(1) from July 1 to November 30; and

(2) from the new text beginMinnesota River downstream of Granite Falls, new text endMississippi River downstream of St. Anthony Fallsnew text begin,new text end and the St. Croix River downstream of the dam at Taylors Falls, including portions described as Minnesota-Wisconsin boundary waters in Minnesota Rules, part 6266.0500, subpart 1, items A and B, that are listed as infested waters as allowed under section 84D.03, subdivision 3.

(b) Cast nets used under this subdivision must be monofilament and may not exceed deleted text beginsevendeleted text endnew text begin fivenew text end feet in deleted text begindiameterdeleted text endnew text begin radiusnew text end, and mesh size must be from three-eighths to five-eighths inch bar measure.new text begin No more than two cast nets may be used at one time.new text end

deleted text begin(c) This subdivision expires December 1, 2017. The commissioner must report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources by March 1, 2018, on the number of permits issued, conservation impacts from the use of cast nets, and recommendations for any necessary changes in statutes or rules.deleted text end

Sec. 33.

Subd. 5.

Financial assistance.

A base grantnew text begin, contract, or paymentnew text end may be awarded to a countynew text begin or other local unit of governmentnew text end that provides a match utilizing a water implementation tax or other local source. A water implementation tax that a countynew text begin or other local unit of governmentnew text end intends to use as a match to the base grant must be levied at a rate sufficient to generate a minimum amount determined by the board. The board may award performance-basednew text begin or watershed-basednew text end grantsnew text begin, contracts, or paymentsnew text end to local units of government that are responsible for implementing elements of applicable portions of watershed management plans, comprehensive plans, local water management plans, or comprehensive watershed management plans, developed or amended, adopted and approved, according to chapter 103B, 103C, or 103D. Upon request by a local government unit, the board may also award performance-based grants to local units of government to carry out TMDL implementation plans as provided in chapter 114D, if the TMDL implementation plan has been incorporated into the local water management plan according to the procedures for approving comprehensive plans, watershed management plans, local water management plans, or comprehensive watershed management plans under chapter 103B, 103C, or 103D, or if the TMDL implementation plan has undergone a public review process. Notwithstanding section 16A.41, the board may award deleted text beginperformance-baseddeleted text end grantsnew text begin, contracts, or paymentsnew text end on an advanced basis. The fee authorized in section 40A.152 may be used as a local match or as a supplement to state funding to accomplish implementation of comprehensive plans, watershed management plans, local water management plans, or comprehensive watershed management plans under this chapter and chapter 103C or 103D.

Sec. 34.

Subd. 9.

Performance-based criteria.

The board shall develop and utilize performance-based new text beginor eligibility new text endcriteria for local water resources restoration, protection, and management programs and projects. The criteria may include but are not limited to science-based assessments, organizational capacity, priority resource issues, community outreach and support, partnership potential, potential for multiple benefits, and program and project delivery efficiency and effectiveness.

Sec. 35.

new text begin[103B.461] RED RIVER BASIN COMMISSION.new text end

new text beginSubdivision 1.new text end

new text beginPurposes.new text end

new text beginThe Red River Basin Commission was created to:new text end

new text begin(1) facilitate transboundary and basin-wide dialogue and consultation with citizens, land users, organizations, and governments; andnew text end

new text begin(2) coordinate basin-wide interstate and international efforts on water management, including but not limited to flood mitigation, water quality, water supply, drainage, aquatic health, and recreation.new text end

new text beginSubd. 2.new text end

new text beginMembership.new text end

new text beginThe Red River Basin Commission must have basin-wide representation of members and alternates to serve on the commission consistent with the adopted bylaws of the commission. Selection and terms of members are as defined in the commission's bylaws.new text end

new text beginSubd. 3.new text end

new text beginDuties.new text end

new text beginThe Red River Basin Commission must:new text end

new text begin(1) develop and coordinate comprehensive water management goals for the Red River basin by aligning the work plans in the major watersheds in the states of Minnesota, North Dakota, and South Dakota and the Canadian province of Manitoba;new text end

new text begin(2) advise on developing and using systems to monitor and evaluate the Red River basin and incorporating the data obtained from these systems into planning and implementation processes;new text end

new text begin(3) conduct public meetings at locations in the Red River basin regarding the public's perspective on water resource issues, needs, and priorities in the basin;new text end

new text begin(4) conduct an ongoing information and education program on water management in the Red River basin, including an annual conference;new text end

new text begin(5) advise on developing projects in the major watersheds that are scientifically sound, have landowner and local government support, and reduce potential flood damages and inputs of pollutants into the Red River;new text end

new text begin(6) develop and implement a framework plan for natural resources and provide periodic budget requests and reports to the governors of Minnesota, North Dakota, and South Dakota, to the premier of Manitoba, and to the respective legislatures, provincial members, and congressional representatives of the respective states and province regarding progress on meeting water management goals and funding or policy recommendations;new text end

new text begin(7) administer funds for implementing projects and track and report the results achieved for each project; andnew text end

new text begin(8) assess the collective work in the Red River basin and make recommendations to the states of Minnesota, North Dakota, and South Dakota, to the Canadian province of Manitoba, and to their respective legislatures, provincial members, and congressional representatives on the actions needed to sustain or accelerate components of the framework plan for natural resources in the Red River basin and the major watersheds of the Red River basin.new text end

Sec. 36.

Subd. 2.

Program purposes.

The purposes of the comprehensive watershed management plan program under section 103B.101, subdivision 14, paragraph (a), are to:

(1) align local water planning purposes and procedures under this chapter and chapters 103C and 103D on watershed boundaries to create a systematic, watershed-wide, science-based approach to watershed management;

(2) acknowledge and build off existing local government structure, water plan services, and local capacity;

(3) incorporate and make use of data and information, including watershed restoration and protection strategies under section 114D.26new text begin, which may serve to fulfill all or some of the requirements under chapter 114Dnew text end;

(5) focus on implementation of prioritized and targeted actions capable of achieving measurable progress; and

(6) serve as a substitute for a comprehensive plan, local water management plan, or watershed management plan developed or amended, approved, and adopted, according to this chapter or chapter 103C or 103D.

Sec. 37.

Subd. 5.

Timelines; administration.

(a) The board shall develop and adopt, by June 30, 2016, a transition plan for development, approval, adoption, and coordination of plans consistent with section 103A.212. The transition plan must include a goal of completing statewide transition to comprehensive watershed management plans by 2025. The metropolitan area may be considered for inclusion in the transition plan.new text begin The board may amend the transition plan no more often than once every two years.new text end

(b) The board may use the authority under section 103B.3369, subdivision 9, to support development or implementation of a comprehensive watershed management plan under this section.

Sec. 38.

Subd. 2.

Legislative intent.

It is the intent of sections 103F.361 to 103F.377 to authorize and direct the board and deleted text beginthe countiesdeleted text endnew text begin zoning authoritiesnew text end to implement the plan for the Mississippi headwaters area.

Generally.

Sec. 40.

Minnesota Statutes 2016, section 103F.365, is amended by adding a subdivision to read:

new text beginSubd. 5.new text end

new text beginZoning authority.new text end

new text begin"Zoning authority" means counties, organized townships, local and special governmental units, joint powers boards, councils, commissions, boards, districts, and all state agencies and departments within the corridor defined by the plan, excluding statutory or home rule charter cities.new text end

Sec. 41.

Minnesota Statutes 2016, section 103F.371, is amended to read:

103F.371 RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.

new text begin(a) new text endAll local and special governmental units, councils, commissions, boards and districts and all state agencies and departments must exercise their powers so as to further the purposes of sections 103F.361 to 103F.377 and the plan. Land owned by the state, its agencies, and political subdivisions shall be administered in accordance with the plan.new text begin The certification procedure under section 103F.373 applies to all zoning authorities in the corridor defined by the plan.new text end

new text begin(b) new text endActions that comply with the land use ordinance are consistent with the plan. Actions that do not comply with the ordinance may not be started until the board has been notified and given an opportunity to review and comment on the consistency of the action with this section.

Sec. 42.

Subdivision 1.

Purpose.

To deleted text beginassuredeleted text endnew text begin ensurenew text end that the plan is not nullified by unjustified exceptions in particular cases and to promote uniformity in the treatment of applications for exceptions, a review and certification procedure is established for the following categories of land use actions taken by deleted text beginthe counties anddeleted text endnew text begin zoning authoritiesnew text end directly or indirectly affecting land use within the area covered by the plan:

(1) the adoption or amendment of an ordinance regulating the use of land, including rezoning of particular tracts of land;

(2) the granting of a variance from provisions of the land use ordinance; and

(3) the approval of a plat which is inconsistent with the land use ordinance.

Sec. 43.

Subd. 3.

Procedure for certification.

A copy of the notices of public hearings or, when a hearing is not required, a copy of the application to consider an action of a type specified in subdivision 1, clauses (1) to (3), must be forwarded to the board by the deleted text begincountydeleted text endnew text begin zoning authoritynew text end at least 15 days before the hearing or meetings to consider the actions. The deleted text begincountydeleted text endnew text beginzoning authority new text endshall notify the board of its final decision on the proposed action within ten days of the decision. By 30 days after the board receives the notice, the board shall notify the deleted text begincountydeleted text endnew text begin zoning authoritynew text end and the applicant of deleted text beginitsdeleted text endnew text begin the board'snew text end approval or disapproval of the proposed action.

Sec. 44.

Subd. 4.

Disapproval of actions.

(a) If a notice of disapproval is issued by the board, the deleted text begincountydeleted text endnew text begin zoning authoritynew text end or the applicant may, within 30 days of the notice, file with the board a demand for a hearing. If a demand is not filed within the 30-day period, the disapproval becomes final.

(b) If a demand is filed within the 30-day period, a hearing must be held within 60 days of demand. The hearing must be preceded by two weeks' published notice. Within 30 days after the hearing, the board must:

(1) affirm its disapproval of the proposed action; or

(2) certify approval of the proposed action.

Sec. 45.

new text begin[103F.452] APPLICABILITY.new text end

new text beginThe provisions of sections 103F.415 to 103F.455 are not applicable without the adoption of an ordinance by the county or local government unit.new text end

Sec. 46.

Subd. 3.

Wetland replacement siting.

(a) Impacted wetlands outside of a greater than 80 percent area must not be replaced in a greater than 80 percent area. All wetland replacement must follow this priority order:

(1) in the same minor watershed as the impacted wetland;

(2) in the same watershed as the impacted wetland;

(3) in the same wetland bank service area as the impacted wetland; and

(4) in another wetland bank service area.

(b) Notwithstanding paragraph (a), wetland banking credits approved according to a complete wetland banking application submitted to a local government unit by April 1, 1996, may be used to replace wetland impacts resulting from public transportation projects statewide.

(d) When reasonable, practicable, and environmentally beneficial replacement opportunities are not available in siting priorities listed in paragraph (a), the applicant may seek opportunities at the next level.

(e) For the purposes of this section, "reasonable, practicable, and environmentally beneficial replacement opportunities" are defined as opportunities that:

(2) have a high likelihood of becoming a functional wetland that will continue in perpetuity;

(3) do not adversely affect other habitat types or ecological communities that are important in maintaining the overall biological diversity of the area; and

(4) are available and capable of being done after taking into consideration cost, existing technology, and logistics consistent with overall project purposes.

(f) Regulatory agencies, local government units, and other entities involved in wetland restoration shall collaborate to identify potential replacement opportunities within their jurisdictional areas.

(g) The board must establish wetland replacement ratios and wetland bank service area priorities to implement the siting and targeting of wetland replacement and encourage the use of high priority areas for wetland replacement.

(h) Wetland replacement sites identified in accordance with the priority order for replacement siting in paragraph (a) as part of the completion of an adequate environmental impact statement may be approved for a replacement plan under section 93.481, 103G.2242, or 103G.2243 without further modification related to the priority order, notwithstanding availability of new mitigation sites or availability of credits after completion of an adequate environmental impact statement. Wetland replacement plan applications must be submitted within one year of the adequacy determination of the environmental impact statement to be eligible for approval under this paragraph.

new text begin(i) The wetland replacement priority order under paragraph (a), clauses (1) to (4), does not apply to project-specific replacement sites intended to bank credits for single-user banks before January 1, 2009.new text end

Sec. 47.

Subdivision 1.

Rules.

(a) The board, in consultation with the commissioner, shall adopt rules governing the approval of wetland value replacement plans under this section and public-waters-work permits affecting public waters wetlands under section 103G.245. These rules must address the criteria, procedure, timing, and location of acceptable replacement of wetland values and may address the state establishment and administration of a wetland banking program for public and private projects, including provisions for an in-lieu fee program; the administrative, monitoring, and enforcement procedures to be used; and a procedure for the review and appeal of decisions under this section. In the case of peatlands, the replacement plan rules must consider the impact on carbon. Any in-lieu fee program established by the board must conform with Code of Federal Regulations, title 33, section 332.8, as amended.

(b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing body of the local government unit, consistent with the provisions of the rules or a comprehensive wetland protection and management plan approved under section 103G.2243.

(c) If the local government unit fails to apply the rules, or fails to implement a local comprehensive wetland protection and management plan established under section 103G.2243, the government unit is subject to penalty as determined by the board.

(d) When making a determination under rules adopted pursuant to this subdivision on whether a rare natural community will be permanently adversely affected, consideration of measures to mitigate any adverse effect on the community must be considered.new text begin Wetland banking credits shall be an acceptable mitigation measure for any adverse effects on a rare natural community. The Department of Natural Resources may approve a wetland replacement plan that includes restoration or credits from rare natural communities of substantially comparable character and public value as mitigation for any rare natural community adversely affected by a project.new text end

(c) Fees for single-user or other dedicated wetland banking accounts established pursuant to section 103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland banking account and are assessed at the rate of 6.5 percent of the value of the credits not to exceed $1,000.

(d) The board may assess a fee to pay the costs associated with establishing conservation easements, or other long-term protection mechanisms prescribed in the rules adopted under subdivision 1, on property used for wetland replacement.

Sec. 49.

Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision to read:

new text beginSubd. 3a.new text end

new text beginComprehensive local water management plan.new text end

new text begin"Comprehensive local water management plan" has the meaning given under section 103B.3363, subdivision 3.new text end

Sec. 50.

Minnesota Statutes 2016, section 114D.15, is amended by adding a subdivision to read:

new text beginSubd. 3b.new text end

new text beginComprehensive watershed management plan.new text end

new text begin"Comprehensive watershed management plan" has the meaning given under section 103B.3363, subdivision 3a.new text end

Sec. 51.

Subd. 7.

Restoration.

"Restoration" means actionsdeleted text begin, including effectiveness monitoring, that aredeleted text end taken tonew text begin pursue,new text end achievenew text begin,new text end and maintain water quality standards for impaired waters deleted text beginin accordance with a TMDL that has been approved by the United States Environmental Protection Agency under federal TMDL requirementsdeleted text end.

Sec. 53.

Subd. 13.

Watershed restoration and protection strategy or WRAPS.

"Watershed restoration and protection strategy" or "WRAPS" means a document summarizing scientific studies of a major watershed deleted text beginno larger thandeleted text endnew text begin at approximatelynew text end a hydrologic unit code 8new text begin scalenew text endincluding the physical, chemical, and biological assessment of the water quality of the watershed; identification of impairments and water bodies in need of protection; identification of biotic stressors and sources of pollution, both point and nonpoint; TMDL's for the impairments; and deleted text beginan implementation table containingdeleted text endnew text begin information to supportnew text end strategies deleted text beginand actionsdeleted text end designed to achieve and maintain water quality standards and goals.

Sec. 54.

Subd. 2.

Goals for implementation.

The following goals must guide the implementation of this chapter:

(1) to identify impaired waters in accordance with federal TMDL requirements deleted text beginwithin ten years after May 23, 2006,deleted text end and deleted text beginthereafterdeleted text end to ensure continuing evaluation of surface waters for impairments;

(2) to submit TMDL's to the United States Environmental Protection Agency deleted text beginfor all impaired watersdeleted text end in a timely manner in accordance with federal TMDL requirements;

(4)new text begin to systematically evaluate waters,new text end to provide assistance and incentives to prevent waters from becoming impairednew text begin,new text end and to improve the quality of waters that are listed as impaired deleted text beginbut do not have an approved TMDL addressing the impairmentdeleted text end;

(5) to promptly seek the delisting of waters from the impaired waters list when those waters are shown to achieve the designated uses applicable to the waters;

(6) to achieve compliance with federal Clean Water Act requirements in Minnesota;

(7) to support effective measures to prevent the degradation of groundwater according to the groundwater degradation prevention goal under section 103H.001; and

(2) maximize use of available organizational, technical, and financial resources to perform sampling, monitoring, and other activities to identify degraded groundwater and impaired waters, including use of citizen monitoring and citizen monitoring data used by the Pollution Control Agency in assessing water quality that meets the requirements deleted text beginin Appendix D of the Volunteer Surface Water Monitoring Guide, Minnesotadeleted text endnew text beginestablished by the commissioner of the new text endPollution Control Agency deleted text begin(2003)deleted text end;

(3) maximize opportunities for restoration of degraded groundwater and impaired waters, by prioritizing and targeting of available programmatic, financial, and technical resources and by providing additional state resources to complement and leverage available resources;

(4) use existing regulatory authorities to achieve restoration for point and nonpoint sources of pollution where applicable, and promote the development and use of effective nonregulatory measures to address pollution sources for which regulations are not applicable;

(5) use restoration methods that have a demonstrated effectiveness in reducing impairments and provide the greatest long-term positive impact on water quality protection and improvement and related conservation benefits while incorporating innovative approaches on a case-by-case basis;

(6) identify for the legislature any innovative approaches that may strengthen or complement existing programs;

(7) identify and encourage implementation of measures to prevent surface waters from becoming impaired and to improve the quality of waters that are listed as impaired but have no approved TMDL addressing the impairment using the best available data and technology, and establish and report outcome-based performance measures that monitor the progress and effectiveness of protection and restoration measures;

(8) monitor and enforce cost-sharing contracts and impose monetary damages in an amount up to 150 percent of the financial assistance received for failure to comply; and

(9) identify and encourage implementation of measures to prevent groundwater from becoming degraded and measures that restore groundwater resources.

(1) with impairments that pose the greatest potential risk to human health;

(2) with impairments that pose the greatest potential risk to threatened or endangered species;

(3) with impairments that pose the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially local, deleted text beginbasinwidedeleted text endnew text begin basin-widenew text end, watershed, or regional agencies or organizations, have demonstrated readiness to assist in carrying out the responsibilities, including availability and organization of human, technical, and financial resources necessary to undertake the work; and

(5) where there is demonstrated coordination and cooperation among cities, counties, watershed districts, and soil and water conservation districts in planning and implementation of activities that will assist in carrying out the responsibilities.

Sec. 57.

Subd. 7.

Priorities for funding prevention actions.

The Clean Water Council shall apply the priorities applicable under subdivision 6, as far as practicable, when recommending priorities for funding actions to prevent groundwater and surface waters from becoming degraded or impaired and to improve the quality of surface waters that are listed as impaired deleted text beginbut do not have an approved TMDLdeleted text end.

Sec. 58.

Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision to read:

new text beginSubd. 8.new text end

new text begin(a) If the commissioner of the Pollution Control Agency determines that a comprehensive watershed management plan or comprehensive local water management plan contains information that is sufficient and consistent with guidance from the United States Environmental Protection Agency, including the recommended structure for category 4b demonstrations or its replacement under section 303(d) of the federal Clean Water Act, the commissioner may submit the plan to the Environmental Protection Agency according to federal TMDL requirements as an alternative to developing a TMDL.new text end

new text begin(b) A TMDL implementation plan or a WRAPS, or portions thereof, are not needed for waters or watersheds when the commissioner of the Pollution Control Agency determines that a comprehensive watershed management plan, a comprehensive local water management plan, or a statewide or regional strategy published by the Pollution Control Agency meets the definitions in section 114D.15, subdivisions 11 or 13.new text end

new text begin(c) The commissioner of the Pollution Control Agency may request that the Board of Water and Soil Resources conduct an evaluation of the implementation efforts under a comprehensive watershed management plan or comprehensive local water management plan when the commissioner makes a determination under paragraph (b). The board must conduct the evaluation in accordance with section 103B.102.new text end

new text begin(d) The commissioner of the Pollution Control Agency may amend or revoke a determination made under paragraph (a) or (b) after considering the evaluation conducted under paragraph (c).new text end

Sec. 59.

Minnesota Statutes 2016, section 114D.20, is amended by adding a subdivision to read:

new text beginSubd. 9.new text end

new text beginCoordinating of municipal and local water quality activities.new text end

new text beginA project, practice, or program for water quality improvement or protection that is conducted by a watershed management organization or a local government unit with a comprehensive watershed management plan or other water management plan approved according to chapter 103B, 103C, or 103D may be considered as contributing to the requirements of a storm water pollution prevention plan (SWPPP) for a municipal separate storm sewer systems (MS4) permit unless the project, practice, or program was previously documented as contributing to a different SWPPP for an MS4 permit.new text end

new text begin(1) quantifying impairments and risks to water quality;new text end

new text begin(2) describing the causes of impairments and pollution sources;new text end

new text begin(3) consolidating TMDLs in a major watershed; andnew text end

new text begin(4) informing comprehensive local water management plans and comprehensive watershed management plans.new text end

new text begin(b)new text end To ensure effectivenessnew text begin, efficiency,new text end and accountability in meeting the goals of this chapter,new text begin the commissioner of the Pollution Control Agency and the Board of Water and Soil Resources must coordinate the schedule, budget, scope, and use of a WRAPS and related documents and processes in consultation with local government units and in consideration of section 114D.20, subdivision 8.new text end Each WRAPS deleted text beginshalldeleted text endnew text begin mustnew text end:

(iii) water quality goals and targets by parameter of concern;new text begin andnew text end

(iv) strategies deleted text beginand actions by parameter of concerndeleted text end and new text beginan example of new text endthe scale of adoptions deleted text beginneeded for each;deleted text endnew text begin with a timeline to meet the water quality restoration or protection goals of this chapter.new text end

deleted text begin(v) a timeline for achievement of water quality targets;deleted text end

deleted text begin(vi) the governmental units with primary responsibility for implementing each watershed restoration or protection strategy; anddeleted text end

deleted text begin(vii) a timeline and interim milestones for achievement of watershed restoration or protection implementation actions within ten years of strategy adoption.deleted text end

Subd. 3.

Timelines; administration.

deleted text beginEach year,deleted text endnew text begin (a) The commissioner ofnew text end the Pollution Control Agency must complete deleted text beginWRAPS's for at least ten percent ofdeleted text endnew text begin watershed restoration and protection strategies fornew text end the state's major watershedsdeleted text begin. WRAPS shall bedeleted text endnew text begin by June 30, 2023, unless the commissioner determines that a comprehensive watershed management plan or comprehensive local water management plan, in whole or part, meets the definition in section 114D.15, subdivision 11 or 13. As needed, the commissioner must update the strategies, in whole or part, after consultation with the Board of Water and Soil Resources and local government units.new text end

new text begin(b) Watershed restoration and protection strategies arenew text end governed by the procedures for approval and notice in section 114D.25, subdivisions 2 and 4, except that deleted text beginWRAPSdeleted text endnew text begin the strategiesnew text end need not be submitted to the United States Environmental Protection Agency.

new text begin(b)new text end In particular,new text begin the commissioner ofnew text end the Pollution Control Agency deleted text beginshalldeleted text endnew text begin mustnew text end make reasonable efforts to provide timely information to the public and to stakeholders about impaired waters that have been identified by the agencydeleted text begin. The agency shall seek broad and early public and stakeholder participation in scoping the activities necessary to develop a TMDL, including the scientific models, methods, and approaches to be used in TMDL development, and to implement restoration pursuant to section 114D.15, subdivision 7.deleted text endnew text begin and to inform and consult with the public and stakeholders in developing a WRAPS or TMDL.new text end

new text begin(c) Public agencies and private entities involved in implementing restoration and protection identified in a comprehensive watershed management plan or comprehensive local water management plan must make efforts to inform, consult, and involve the public and stakeholders.new text end

new text begin(d) The commissioner of the Pollution Control Agency and the Board of Water and Soil Resources must coordinate public and stakeholder participation in consultation with local government units. To the extent practicable, implementation of this chapter shall be accomplished in cooperation with local, state, federal, and tribal governments and private sector organizations.new text end

Sec. 63.

Subd. 5.

Agency authority; national pollutant discharge elimination system.

new text begin(a) new text endNotwithstanding any other provisions prescribed in or pursuant to this chapter and, with respect to the pollution of waters of the state, in chapter 116, or otherwise, the agency shall have the authority to perform any and all acts minimally necessary including, but not limited to, the establishment and application of standards, procedures, rules, orders, variances, stipulation agreements, schedules of compliance, and permit conditions, consistent with and, therefore not less stringent than the provisions of the Federal Water Pollution Control Act, as amended, applicable to the participation by the state of Minnesota in the national pollutant discharge elimination system (NPDES); provided that this provision shall not be construed as a limitation on any powers or duties otherwise residing with the agency pursuant to any provision of law.

new text begin(b) An activity that conveys or connects waters of the state without subjecting the transferred water to intervening industrial, municipal, or commercial use does not require a national pollutant discharge elimination system permit. This exemption does not apply to pollutants introduced by the activity itself to the water being transferred.new text end

Sec. 64.

Minnesota Statutes 2016, section 115.03, is amended by adding a subdivision to read:

new text beginSubd. 5d.new text end

new text beginSugar beet storage.new text end

new text beginNotwithstanding any other law to the contrary, the commissioner shall not require a permittee who owns and operates a remote sugar beet storage facility to install sedimentation pond liners as part of a national pollutant discharge elimination system or state disposal system permit. For purposes of this subdivision, "remote sugar beet storage facility" means an area where sugar beets are temporarily stored prior to delivery to a sugar beet processing facility that is not located on land adjacent to the processing facility.new text end

Sec. 65.

Minnesota Statutes 2016, section 115.035, is amended to read:

115.035 EXTERNAL PEER REVIEW OF WATER QUALITY STANDARDS.

(a) deleted text beginWhen the commissioner convenes an external peer review panel during the promulgation or amendment of water quality standards, the commissioner must provide notice and take public comment on the charge questions for the external peer review panel and must allow written and oral public comment as part of the external peer review panel process.deleted text endnew text begin Every new or revised numeric water quality standard must be supported by a technical support document that provides the scientific basis for the proposed standard and that has undergone external, scientific peer review. Numeric water quality standards in which the agency is adopting, without change, a United States Environmental Protection Agency criterion that has been through peer review are not subject to this paragraph.new text endDocumentation of the external peer review panel, including the name or names of the peer reviewer or reviewers, must be included in the statement of need and reasonableness for the water quality standard. deleted text beginIf the commissioner does not convene an external peer review panel during the promulgation or amendment of water quality standards, the commissioner must state the reason an external peer review panel will not be convened in the statement of need and reasonableness.deleted text end

new text begin(b) Every technical support document developed by the agency must be released in draft form for public comment before peer review and before finalizing the technical support document.new text end

new text begin(c) The commissioner must provide public notice and information about the external peer review through the request for comments published at the beginning of the rulemaking process for the numeric water quality standard, and:new text end

new text begin(1) the request for comments must identify the draft technical support document and where the document can be found;new text end

new text begin(2) the request for comments must include a proposed charge for the external peer review and request comments on the charge;new text end

new text begin(3) all comments received during the public comment period must be made available to the external peer reviewers; andnew text end

new text begin(4) if the agency is not soliciting external peer review because the agency is adopting a United States Environmental Protection Agency criterion without change, that must be noted in the request for comments.new text end

new text begin(d) The purpose of the external peer review is to evaluate whether the technical support document and proposed standard are based on sound scientific knowledge, methods, and practices. The external peer review must be conducted according to the guidance in the most recent edition of the United States Environmental Protection Agency's Peer Review Handbook. Peer reviewers must not have participated in developing the scientific basis of the standard. Peer reviewers must disclose any activities or circumstances that could pose a conflict of interest or create an appearance of a loss of impartiality that could interfere with an objective review.new text end

new text begin(e) The type of review and the number of peer reviewers depends on the nature of the science underlying the standard. When the agency is developing significant new science or science that expands significantly beyond current documented scientific practices or principles, a panel review must be used.new text end

new text begin(f) In response to the findings of the external peer review, the draft technical support document must be revised as appropriate. The findings of the external peer review must be documented and attached to the final technical support document, which must be an exhibit as part of the statement of need and reasonableness in the rulemaking to adopt the new or revised water quality standard. The final technical support document must note changes made in response to the external peer review.new text end

deleted text begin(b)deleted text endnew text begin (g)new text end By December 15 each year, the commissioner shall post on the agency's Web site a report identifying the water quality standards development work in progress or completed in the past year, the lead agency scientist for each development effort, and opportunities for public input.

Sec. 66.

new text begin[115.455] EFFLUENT LIMITATION COMPLIANCE.new text end

new text beginTo the extent allowable under federal law, for a municipality that constructs a publicly owned treatment works facility or for an industrial national pollutant discharge elimination system and state disposal system permit holder that constructs a treatment works facility to comply with a new or modified effluent limitation, compliance with any new or modified effluent limitation adopted after construction begins that would require additional capital investment is required no sooner than 16 years after the date the facility begins operating.new text end

Sec. 67.

Minnesota Statutes 2016, section 115A.51, is amended to read:

115A.51 APPLICATION REQUIREMENTS.

new text begin(a) new text endApplications for assistance under the program shall demonstrate:

deleted text begin(b)deleted text endnew text begin (2)new text end that affected political subdivisions are committed to implement the project, to provide necessary local financing, and to accept and exercise the government powers necessary to the project;

deleted text begin(c)deleted text endnew text begin (3)new text end that operating revenues from the project, considering the availability and security of sources of solid waste and of markets for recovered resources, together with any proposed federal, state, or local financial assistance, will be sufficient to pay all costs over the projected life of the project;

deleted text begin(d)deleted text endnew text begin (4)new text end that the applicant has evaluated the feasible and prudent alternatives to disposalnew text begin, including the use of existing solid waste management facilities with reasonably available capacity sufficient to accomplish the goals of the proposed project,new text end and has compared and evaluated the costs of the alternatives, including capital and operating costs, and the effects of the alternatives on the cost to generatorsnew text begin;new text end

new text begin(5) that the applicant has identified waste management objectives in applicable county and regional solid waste management plans consistent with sections 115A.46, subdivision 2, and 473.149, subdivision 1, and other solid waste facilities identified in the county and regional plan; andnew text end

new text begin(6) that the applicant has conducted a comparative analysis of the project against existing public and private solid waste facilities, including an analysis of potential displacement of facilities to determine whether the project is the most appropriate alternative to achieve the identified waste management objectives, which considers:new text end

new text begin(i) conformity with approved county or regional solid waste management plans;new text end

new text begin(b)new text end The commissioner may require completion of a comprehensive solid waste management plan conforming to the requirements of section 115A.46, before accepting an application.new text begin Within five days of filing an application with the agency, the applicant must submit a copy of the application to each solid waste management facility mentioned in the portion of the application addressing the requirements of paragraph (a), clauses (5) and (6).new text end

Sec. 68.

Subd. 2.

Local authority.

A city or town may organize collection, after public notification and hearing as required in subdivisions 4a to deleted text begin4ddeleted text endnew text begin 4fnew text end. A county may organize collection as provided in subdivision 5. A city or town that has organized collection as of May 1, 2013, is exempt from subdivisions 4a to deleted text begin4ddeleted text endnew text begin 4fnew text end.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.new text end

deleted text begin(i)deleted text endnew text begin (ii)new text end a system in which a single collector collects solid waste from all sections of a city or town; and

deleted text begin(ii)deleted text endnew text begin (iii)new text end a system in which multiple collectors, either singly or as members of an organization of collectors, collect solid waste from different sections of a city or town;

(2) establish a list of criteria on which the deleted text beginorganizeddeleted text endnew text begin solid wastenew text end collection methods selected for examination will be evaluated, which may include: costs to residential subscribers, new text beginimpacts on residential subscribers' ability to choose a provider of solid waste service based on the desired level of service, costs and other factors, the impact of new text endmiles driven deleted text beginby collection vehiclesdeleted text end on city streets and alleysnew text begin and the incremental impact of miles driven by collection vehiclesnew text end, initial and operating costs to the city of implementing the deleted text beginorganizeddeleted text endnew text begin solid wastenew text end collection system, providing incentives for waste reduction, impacts on solid waste collectors, and other physical, economic, fiscal, social, environmental, and aesthetic impacts;

Sec. 71.

Subd. 4c.

Governing body; implementation.

The governing body of the city or town shall consider the report and recommendations of the deleted text beginorganizeddeleted text endnew text begin solid wastenew text end collection options committee. The governing body must provide public notice and hold at least one public hearing before deciding whether to implement organized collection. Organized collection may begin no sooner than six months after the effective date of the decision of the governing body of the city or town to implement organized collection.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.new text end

Sec. 72.

Subd. 4d.

Participating collectors proposal requirement.

deleted text beginPrior todeleted text endnew text begin Beforenew text end establishing a committee under subdivision 4a to consider organizing residential solid waste collection, a city or town with more than one licensed collector must notify the public and all licensed collectors in the community. The city or town must provide a deleted text begin60-daydeleted text end period new text beginof at least 60 days new text endin which meetings and negotiations shall occur exclusively between licensed collectors and the city or town to develop a proposal in which interested licensed collectors, as members of an organization of collectors, collect solid waste from designated sections of the city or town. The proposal shall include identified city or town priorities, including issues related to zone creation, traffic, safety, environmental performance, service provided, and price, and shall reflect existing haulers maintaining their respective market share of business as determined by each hauler's average customer count during the six months prior to the commencement of the deleted text begin60-daydeleted text endnew text begin exclusivenew text end negotiation period. If an existing hauler opts to be excluded from the proposal, the city may allocate their customers proportionally based on market share to the participating collectors who choose to negotiate. The initial organized collection agreement executed under this subdivision must be for deleted text begina period of three todeleted text end seven years. Upon execution of an agreement between the participating licensed collectors and city or town, the city or town shall establish organized collection through appropriate local controls and is not required to fulfill the requirements of subdivisions 4a, 4b, and 4c, except that the governing body must provide the public notification and hearing required under subdivision 4c.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.new text end

Sec. 73.

Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision to read:

new text beginSubd. 4e.new text end

new text beginParties to meet and confer.new text end

new text beginBefore the exclusive meetings and negotiations under subdivision 4d, participating licensed collectors and elected officials of the city or town must meet and confer regarding waste collection issues, including but not limited to road deterioration, public safety, pricing mechanisms, and contractual considerations unique to organized collection.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.new text end

Sec. 74.

Minnesota Statutes 2016, section 115A.94, is amended by adding a subdivision to read:

new text beginSubd. 4f.new text end

new text beginJoint liability limited.new text end

new text beginNotwithstanding section 604.02, an organized collection agreement must not obligate a participating licensed collector for damages to third parties solely caused by another participating licensed collector. The organized collection agreement may include joint obligations for actions that are undertaken by all the participating licensed collectors under this section.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.new text end

Sec. 75.

Subd. 5.

County organized collection.

(a) A county may by ordinance require cities and towns within the county to organize collection. Organized collection ordinances of counties may:

(1) require cities and towns to require the separation and separate collection of recyclable materials;

(2) specify the material to be separated; and

(3) require cities and towns to meet any performance standards for source separation that are contained in the county solid waste plan.

(b) A county may itself organize collection under subdivisions 4a to deleted text begin4ddeleted text endnew text begin 4fnew text end in any city or town that does not comply with a county organized collection ordinance adopted under this subdivision, and the county may implement, as part of its organized collection, the source separation program and performance standards required by its organized collection ordinance.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective January 1, 2019, and applies to organized collection noticed under Minnesota Statutes, section 115A.94, subdivision 2, on or after that date.new text end

Sec. 76.

new text begin[115B.52] WATER QUALITY AND SUSTAINABILITY ACCOUNT.new text end

new text beginSubdivision 1.new text end

new text beginDefinition.new text end

new text beginFor purposes of this section and section 115B.53, the term "settlement" means the agreement and order entered on February 20, 2018, settling litigation commenced by the state against the 3M Company under section 115B.17, subdivision 7.new text end

new text beginSubd. 2.new text end

new text beginEstablishment.new text end

new text beginThe water quality and sustainability account is established as an account in the remediation fund. The account consists of revenue deposited in the account under the terms of the settlement and earnings on the investment of money in the account.new text end

new text beginSubd. 3.new text end

new text beginExpenditures.new text end

new text beginMoney in the account is appropriated to the commissioner of the Pollution Control Agency and to the commissioner of natural resources for the purposes authorized under the settlement.new text end

new text beginSubd. 4.new text end

new text beginReporting.new text end

new text beginThe commissioner of the Pollution Control Agency and the commissioner of natural resources must jointly submit:new text end

new text begin(1) a biannual report to the chairs and ranking minority members of the legislative policy and finance committees with jurisdiction over environment and natural resources on expenditures from the water quality and sustainability account during the previous six months; andnew text end

new text begin(2) by November 1 each year, a report to the legislature on expenditures from the water quality and sustainability account during the previous fiscal year and a spending plan for anticipated expenditures from the account during the current fiscal year.new text end

Sec. 77.

new text begin[115B.53] WATER QUALITY AND SUSTAINABILITY STAKEHOLDERS.new text end

new text beginThe commissioner of the Pollution Control Agency and the commissioner of natural resources must work with stakeholders to identify and recommend projects to receive funding from the water quality and sustainability account under the settlement. Stakeholders include, at a minimum, representatives of the agency, the Department of Natural Resources, east metropolitan area municipalities, and the 3M Company.new text end

Sec. 78.

Subd. 2.

Adopting standards.

(a) The Pollution Control Agency shall improve air quality by promoting, in the most practicable way possible, the use of energy sources and waste disposal methods which produce or emit the least air contaminants consistent with the agency's overall goal of reducing all forms of pollution. The agency shall also adopt standards of air quality, including maximum allowable standards of emission of air contaminants from motor vehicles, recognizing that due to variable factors, no single standard of purity of air is applicable to all areas of the state. In adopting standards the Pollution Control Agency shall give due recognition to the fact that the quantity or characteristics of air contaminants or the duration of their presence in the atmosphere, which may cause air pollution in one area of the state, may cause less or not cause any air pollution in another area of the state, and it shall take into consideration in this connection such factors, including others which it may deem proper, as existing physical conditions, zoning classifications, topography, prevailing wind directions and velocities, and the fact that a standard of air quality which may be proper as to an essentially residential area of the state, may not be proper as to a highly developed industrial area of the state. Such standards of air quality shall be premised upon scientific knowledge of causes as well as effects based on technically substantiated criteria and commonly accepted practices. No local government unit shall set standards of air quality which are more stringent than those set by the Pollution Control Agency.new text begin Consistent with this recognition of the variability of air contamination levels and conditions across the state, the agency must not apply or enforce a national or state ambient air quality standard as an applicable standard for an individual source under an individual facility permit issued pursuant to Code of Federal Regulations, title 40, part 70, unless the permittee is a temporary source issued a permit under United States Code, title 42, section 7661c, paragraph (e).new text end

(b) The Pollution Control Agency shall promote solid waste disposal control by encouraging the updating of collection systems, elimination of open dumps, and improvements in incinerator practices. The agency shall also adopt standards for the control of the collection, transportation, storage, processing, and disposal of solid waste and sewage sludge for the prevention and abatement of water, air, and land pollution, recognizing that due to variable factors, no single standard of control is applicable to all areas of the state. In adopting standards, the Pollution Control Agency shall give due recognition to the fact that elements of control which may be reasonable and proper in densely populated areas of the state may be unreasonable and improper in sparsely populated or remote areas of the state, and it shall take into consideration in this connection such factors, including others which it may deem proper, as existing physical conditions, topography, soils and geology, climate, transportation, and land use. Such standards of control shall be premised on technical criteria and commonly accepted practices.

(c) The Pollution Control Agency shall also adopt standards describing the maximum levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere, recognizing that due to variable factors no single standard of sound pressure is applicable to all areas of the state. Such standards shall give due consideration to such factors as the intensity of noises, the types of noises, the frequency with which noises recur, the time period for which noises continue, the times of day during which noises occur, and such other factors as could affect the extent to which noises may be injurious to human health or welfare, animal or plant life, or property, or could interfere unreasonably with the enjoyment of life or property. In adopting standards, the Pollution Control Agency shall give due recognition to the fact that the quantity or characteristics of noise or the duration of its presence in the outdoor atmosphere, which may cause noise pollution in one area of the state, may cause less or not cause any noise pollution in another area of the state, and it shall take into consideration in this connection such factors, including others which it may deem proper, as existing physical conditions, zoning classifications, topography, meteorological conditions and the fact that a standard which may be proper in an essentially residential area of the state, may not be proper as to a highly developed industrial area of the state. Such noise standards shall be premised upon scientific knowledge as well as effects based on technically substantiated criteria and commonly accepted practices. No local governing unit shall set standards describing the maximum levels of sound pressure which are more stringent than those set by the Pollution Control Agency.

(d) The Pollution Control Agency shall adopt standards for the identification of hazardous waste and for the management, identification, labeling, classification, storage, collection, transportation, processing, and disposal of hazardous waste, recognizing that due to variable factors, a single standard of hazardous waste control may not be applicable to all areas of the state. In adopting standards, the Pollution Control Agency shall recognize that elements of control which may be reasonable and proper in densely populated areas of the state may be unreasonable and improper in sparsely populated or remote areas of the state. The agency shall consider existing physical conditions, topography, soils, and geology, climate, transportation and land use. Standards of hazardous waste control shall be premised on technical knowledge, and commonly accepted practices. Hazardous waste generator licenses may be issued for a term not to exceed five years. No local government unit shall set standards of hazardous waste control which are in conflict or inconsistent with those set by the Pollution Control Agency.

(e) A person who generates less than 100 kilograms of hazardous waste per month is exempt from the following agency hazardous waste rules:

(1) rules relating to transportation, manifesting, storage, and labeling for photographic fixer and x-ray negative wastes that are hazardous solely because of silver content; and

(2) any rule requiring the generator to send to the agency or commissioner a copy of each manifest for the transportation of hazardous waste for off-site treatment, storage, or disposal, except that counties within the metropolitan area may require generators to provide manifests.

Nothing in this paragraph exempts the generator from the agency's rules relating to on-site accumulation or outdoor storage. A political subdivision or other local unit of government may not adopt management requirements that are more restrictive than this paragraph.

(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality, solid waste, or hazardous waste under this chapter, or standards for water quality under chapter 115, the statement of need and reasonableness must include:

(1) an assessment of any differences between the proposed rule and:

(i) existing federal standards adopted under the Clean Air Act, United States Code, title 42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a) and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code, title 42, section 6921(b)(1);

(ii) similar standards in states bordering Minnesota; and

(iii) similar standards in states within the Environmental Protection Agency Region 5; and

(2) a specific analysis of the need and reasonableness of each difference.

new text beginIf the proposed standards in a rulemaking subject to this paragraph are more stringent than comparable federal standards, the statement of need and reasonableness must, in addition to the requirements of this paragraph, include documentation that the federal standard does not provide adequate protection for public health and the environment.new text end

Sec. 79.

Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to read:

new text beginSubd. 2c.new text end

new text beginExemption from standards for temporary storage facilities subject to control.new text end

new text begin(a) A temporary storage facility located at a commodity facility that is required to be controlled under Minnesota Rules, part 7011.1005, subpart 3, is not subject to Minnesota Rules, parts 7011.1000 to 7011.1015. For all portable equipment and fugitive dust emissions directly associated with the temporary storage facility, it is determined that there is no applicable specific standard of performance.new text end

new text begin(b) For the purposes of this subdivision, the following terms have the meanings given to them:new text end

new text begin(i) uses an asphalt, concrete, or comparable base material;new text end

new text begin(ii) has rigid, self-supporting sidewalls;new text end

new text begin(iii) provides adequate aeration; andnew text end

new text begin(iv) provides an acceptable covering; andnew text end

new text begin(2) "portable equipment" means equipment that is not fixed at any one spot and can be moved, including but not limited to portable receiving pits, portable augers and conveyors, and portable reclaim equipment directly associated with the temporary storage facility.new text end

Sec. 80.

116.0714 NEW OPEN-AIR SWINE BASINS.

new text begin(a) new text endThe commissioner of the Pollution Control Agency or a county board shall not approve any permits for the construction of new open-air swine basins, except that existing facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste treatment program for resolving pollution problems or to allow conversion of an existing basin of less than 1,000,000 gallons to a different animal type, provided all standards are met. This section expires June 30, 2022.

new text begin(b) This section does not apply to basins used solely for wastewater from truck-washing facilities.new text end

Sec. 81.

Subdivision 1.

Creation.

The remediation fund is created as a special revenue fund in the state treasury to provide a reliable source of public money for response and corrective actions to address releases of hazardous substances, pollutants or contaminants, agricultural chemicals, and petroleum, and for environmental response actions at qualified landfill facilities for which the agency has assumed such responsibility, including perpetual care of such facilities. The specific purposes for which the general portion of the fund may be spent are provided in subdivision 2. In addition to the general portion of the fund, the fund contains deleted text begintwodeleted text endnew text begin threenew text end accounts described in subdivisions 4 deleted text beginand 5deleted text endnew text begin to 5anew text end.

Sec. 82.

Minnesota Statutes 2016, section 116.155, is amended by adding a subdivision to read:

new text beginSubd. 5a.new text end

new text beginWater quality and sustainability account.new text end

new text beginThe water quality and sustainability account is as described in section 115B.52.new text end

Sec. 85.

Subd. 3.

Pipeline.

"Pipeline" means a pipeline new text beginowned or operated by a condemning authority, as defined in section 117.025, subdivision 4, new text endlocated in this state which is used to transport natural or synthetic gas at a pressure of more than 90 pounds per square inch, or to transport crude petroleum or petroleum fuels or oil or their derivatives, coal, anhydrous ammonia or any mineral slurry to a distribution center or storage facility which is located within or outside of this state. "Pipeline" does not include a pipeline owned or operated by a natural gas public utility as defined in section 216B.02, subdivision 4.

Sec. 86.

Minnesota Statutes 2016, section 349A.05, is amended to read:

349A.05 RULES.

The director may adopt rules under chapter 14 governing the following elements of the lottery:

(6) accounting for and deposit of lottery revenues by lottery retailers;

(7) procedures for issuing lottery procurement contracts and for the investigation of bidders on those contracts;

(8) payment of prizes;

(9) procedures needed to ensure the integrity and security of the lottery; and

(10) other rules the director considers necessary for the efficient operation and administration of the lottery.

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective August 1, 2018.new text end

Sec. 87.

new text begin[349A.17] LOTTERY RETAILER COMMISSIONS.new text end

new text begin(a) The director of the State Lottery shall pay a lottery retailer at least the following amounts:new text end

new text begin(1) 5.5 percent on the price of a ticket sold by the retailer for a lottery game for which the winner is determined by a drawing;new text end

new text begin(2) six percent on the price of a ticket sold by the retailer for a lottery game in which the winner is determined without a drawing; andnew text end

new text begin(3) 1.5 percent of the amount of a winning ticket cashed by the retailer.new text end

new text begin(b) The director of the State Lottery may adopt rules for retailer compensation or commission that exceeds the amounts specified in this section. The director of the State Lottery shall periodically review lottery ticket sales and make adjustments to lottery retailer commission rates, consistent with this section, as deemed necessary to maintain appropriate return to the state.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective August 1, 2018, and applies to tickets sold on or after that date.new text end

Sec. 88.

new text begin[383A.606] DISCONTINUANCE OF RAMSEY SOIL AND WATER CONSERVATION DISTRICT; TRANSFER OF DUTIES.new text end

new text beginSubdivision 1.new text end

new text beginDiscontinuance.new text end

new text beginNotwithstanding section 103C.225, the Ramsey Soil and Water Conservation District is discontinued effective July 1, 2018, and its duties and authorities are transferred to the Ramsey County Board of Commissioners.new text end

new text beginSubd. 2.new text end

new text beginTransfer of duties and authorities.new text end

new text beginThe Ramsey County Board of Commissioners has the duties and authorities of a soil and water conservation district. All contracts in effect on the date of the discontinuance of the district to which Ramsey Soil and Water Conservation District is a party remain in force and effect for the period provided in the contracts. The Ramsey County Board of Commissioners shall be substituted for the Ramsey Soil and Water Conservation District as party to the contracts and succeed to the district's rights and duties.new text end

new text beginSubd. 3.new text end

new text beginTransfer of assets.new text end

new text beginThe Ramsey Soil and Water Conservation District Board of Supervisors shall transfer the assets of the district to the Ramsey County Board of Commissioners. The Ramsey County Board of Commissioners shall use the transferred assets for the purposes of implementing the transferred duties and authorities.new text end

new text beginSubd. 4.new text end

new text beginReestablishment.new text end

new text beginThe Ramsey County Board of Commissioners may petition the Minnesota Board of Water and Soil Resources to reestablish the Ramsey Soil and Water Conservation District. Alternatively, the Minnesota Board of Water and Soil Resources under its authority in section 103C.201, and after giving notice of corrective actions and time to implement the corrective actions, may reestablish the Ramsey Soil and Water Conservation District if it determines the goals established in section 103C.005 are not being achieved. The Minnesota Board of Water and Soil Resources may reestablish the Ramsey Soil and Water Conservation District under this subdivision without a referendum.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day after the Ramsey County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, but not before July 1, 2018.new text end

Sec. 89.

Subd. 4.

Grant conditions.

The commissioner shall administer grants so that the following conditions are met:

(a) A county must apply for a grant in the manner determined by the commissioner. The application must describe the activities for which the grant will be used.

(b) The activities funded must be consistent with the metropolitan policy plan and the county master plan.

(c) A grant must be matched by equal deleted text begincountydeleted text endnew text begin localnew text end expenditures for the activities for which the grant is made.new text begin A local expenditure may include but is not limited to an expenditure by a local unit of government, tribal government, or private sector or nonprofit organization.new text end

(d) All grant funds must be used for new activities or to enhance or increase the effectiveness of existing activities in the county.new text begin Grant funds shall not be used for research or development of a product that would be patented, copyrighted, or a subject of trade secrets.new text end

(e) Counties shall provide support to maintain effective municipal recycling where it is already established.

Sec. 90.

Sec. 146. INITIAL IMPLEMENTATION; WAIVERS.

A soil and water conservation district must grant a conditional compliance waiver under Minnesota Statutes, section 103F.48, to landowners or authorized agents who have applied for and maintained eligibility for financial or technical assistance within one year of the dates listed in Minnesota Statutes, section 103F.48, subdivision 3, paragraph (e), according to Minnesota Statutes, section 103F.48. A conditional compliance waiver also must be granted to landowners who are subject to a drainage proceeding commenced under Minnesota Statutes, sections 103E.011, subdivision 5; 103E.021, subdivision 6; and 103E.715. The conditional compliance waiver is valid until financial or technical assistance is available for buffer or alternative practices installation, but not later than November 1, 2018. A landowner or authorized agent that has filed a parcel-specific new text beginpublic water new text endriparian protection compliance plan with the soil and water conservation district by November 1, 2017, shall be granted a conditional compliance waiver until July 1, deleted text begin2018deleted text endnew text begin 2019.new text endnew text begin A landowner or authorized agent that has filed a parcel-specific public drainage system riparian protection compliance plan with the soil and water conservation district by November 1, 2018, shall be granted a conditional compliance waiver until July 1, 2019new text end.

Sec. 91.

Laws 2016, chapter 189, article 3, section 48, is amended to read:

Sec. 48. LAKE SERVICE PROVIDER FEASIBILITY REPORT.

The commissioner of natural resources shall report to the chairs of the house of representatives and senate committees with jurisdiction over natural resources by January 15, deleted text begin2019deleted text endnew text begin 2020new text end, regarding the feasibility of expanding permitting to service providers as described in Minnesota Statutes, section 84D.108, subdivision 2a, to other water bodies in the state. The report must:

(1) include recommendations for state and local resources needed to implement the program;

Sec. 92. new text beginADDITIONS TO STATE PARKS.new text end

new text beginSubdivision 1.new text end

new text beginThe following area is added to Frontenac State Park, Goodhue County:new text end

new text beginThat part of the Northeast Quarter of Section 10, that part of the Southeast Quarter of Section 10, that part of the Northwest Quarter of Section 11, and that part of the Southwest Quarter of Section 11, all in Township 112 North, Range 13 West, Goodhue County, Minnesota, described as follows:new text end

new text beginCommencing at the east quarter corner of said Section 10; thence on an assumed bearing South 00 degrees 25 minutes 27 seconds East, along the east line of the Southeast Quarter of said Section 10, a distance of 1,654.63 feet; thence South 89 degrees 34 minutes 33 seconds West, a distance of 2,219.43 feet to the point of beginning of the land to be described; thence North 19 degrees 04 minutes 33 seconds East, a distance of 3,905.90 feet to the centerline of Hill Avenue; thence southeasterly, along said centerline, to the northwesterly right-of-way boundary of County Road Number 2, as designated on Goodhue County Highway Right-Of-Way Plat No. 25, as recorded in the Goodhue County Recorder's Office; thence southwesterly along said northwesterly right-of-way boundary and along the northwesterly right-of-way boundary of County Road Number 2, as designated in Goodhue County Highway Right-Of-Way Plat No. 24, and along the northwesterly right-of-way boundary of County Road Number 2, as designated in Goodhue County Highway Right-of-Way Plat No. 23, to the intersection with a line bearing South 76 degrees 25 minutes 27 seconds East from the point of beginning; thence North 76 degrees 25 minutes 27 seconds West, a distance of 907.89 feet to the point of beginning.new text end

new text beginEXCEPT that part lying within the boundaries of the following described parcel:new text end

new text beginThat part of the Southeast Quarter of Section 10, Township 112 North, Range 13 West, and that part of the Southwest Quarter of Section 11, Township 112 North, Range 13 West, Goodhue County, Minnesota, described as follows:new text end

new text beginCommencing at the northeast corner of the Southeast Quarter of said Section 10; thence southerly on an assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along the east line of the Southeast Quarter of said Section 10, a distance of 1,100.31 feet; thence westerly 269 degrees 34 minutes 33 seconds azimuth, a distance of 80.53 feet to the point of beginning of the land to be described; thence northerly 340 degrees 42 minutes 19 seconds azimuth, a distance of 300.00 feet; thence easterly 100 degrees 22 minutes 46 seconds azimuth, a distance of 286.97 feet to the centerline of County Road Number 2, as now located and established; thence southerly and southwesterly, along said centerline, to the intersection with a line drawn southerly 160 degrees 42 minutes 19 seconds azimuth from the point of beginning; thence northerly 340 degrees 42 minutes 19 seconds azimuth, a distance of 51.66 feet to the point of beginning.new text end

new text beginEXCEPT that part lying within the boundaries of the following described parcel:new text end

new text beginThat part of the Southeast Quarter of Section 10, Township 112, Range 13, Goodhue County, Minnesota, described as follows:new text end

new text beginCommencing at the northeast corner of said Southeast Quarter; thence southerly, on an assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along the east line of said Southeast Quarter; a distance of 1,491.88 feet; thence westerly 269 degrees 34 minutes 33 seconds azimuth, a distance of 870.79 feet to an iron pipe on the centerline of County Road Number 2, as now located and established, being the point of beginning of the land to be described; thence northerly 24 degrees 07 minutes 23 seconds azimuth, a distance of 132.28 feet to an iron pipe; thence northwesterly 301 degrees 14 minutes 43 seconds azimuth, a distance of 524.46 feet to an iron pipe; thence southerly 180 degrees 51 minutes 58 seconds azimuth a distance of 342.82 feet to an iron pipe; thence southeasterly 118 degrees 29 minutes 28 seconds azimuth, a distance of 273.01 feet to an iron pipe on the centerline of said County Road Number 2, as now located and established; thence northeasterly along said centerline to the point of beginning.new text end

new text beginEXCEPT that part described as follows:new text end

new text beginThat part of the Southeast Quarter of Section 10, Township 112 North, Range 13 West, Goodhue County, Minnesota, described as follows:new text end

new text beginCommencing at the northeast corner of said Southeast Quarter of Section 10; thence southerly, on an assumed azimuth from North of 179 degrees 34 minutes 33 seconds, along the east line of said Southeast Quarter of Section 10, a distance of 1,100.31 feet; thence westerly 269 degrees 34 minutes 33 seconds azimuth, a distance of 80.53 feet to the point of beginning of the land to be described; thence northerly 340 degrees 42 minutes 19 seconds azimuth, a distance of 300.00 feet; thence westerly 250 degrees 42 minutes 19 seconds azimuth, a distance of 300.00 feet; thence southerly 160 degrees 42 minutes 19 seconds azimuth, a distance of 384.25 feet, to the northwesterly right-of-way boundary of County Road Number 2, as designated in Goodhue County Highway Right-of-Way Plat No. 23, as recorded in the Goodhue County Recorder's Office; thence northeasterly, along said northwesterly right-of-way boundary, to the intersection with a line drawn southerly 160 degrees 42 minutes 19 seconds azimuth from the point of beginning; thence northerly 340 degrees 42 minutes 19 seconds azimuth, a distance of 10.01 feet to the point of beginning.new text end

new text beginSubd. 2.new text end

new text beginThe following areas are added to the Frontenac State Park, Goodhue County:new text end

new text begin(1) all that part of Sections 31 and 32, Township 113 North, Range 13 West, in the County of Goodhue and State of Minnesota, described as follows:new text end

new text beginAll of Block 7, Wacouta Beach, in said Section 32 lying on the south side of and adjoining Lake View Drive and adjoining the south and west lines of said Section 32. Also that part of said Section 31 described as follows:new text end

new text beginBeginning at the southeast corner of said Section 31; thence run North along the east line of said Section 31 a distance of 961.0 feet more or less to the southerly right-of-way line of Lake View Drive; thence run North 61 degrees 30 minutes West along the southerly right-of-way of Lake View Drive a distance of 170.0 feet; thence run South 34 degrees West 320.0 feet; thence run North 77 degrees East 125.0 feet; thence run South 13 degrees West 610.0 feet; thence run South 76 degrees West 600.0 feet; thence run South 88 degrees 30 minutes West 1,100.0 feet; thence run North 54 degrees 45 minutes West 1,140.0 feet; thence run North 37 degrees 15 minutes West 400.0 feet; thence run North 72 degrees West 1,000.0 feet; thence run South 89 degrees 45 minutes West 200.0 feet; thence run North 70 degrees 45 minutes West 250.0 feet to a point on or near the east right-of-way line of public road; thence run South 15 degrees 45 minutes West 720.0 feet along or near said east right-of-way line of public road to a point at or near the northerly right-of-way line of State Trunk Highway 61; thence run easterly along said northerly right-of-way line of State Trunk Highway 61 a distance of 2,050.0 feet more or less to the south line of said Section 31; thence run East 2,925.0 feet more or less along said south line of Section 31 to the point of beginning;new text end

new text begin(2) the West Half of the Northeast Quarter of Section 6, Township 112 North, Range 13 West, EXCEPT THE FOLLOWING:new text end

new text beginAll that part of the West Half of the Northeast Quarter of Section 6, Township 112 North, Range 13 West, in Goodhue County and State of Minnesota, described as follows:new text end

new text beginBeginning at the center of said Section 6; thence North 1,970 feet to the centerline of State Trunk Highway 61; thence southeasterly along the centerline of said highway for 335 feet; thence North 66 degrees 31 minutes East 380 feet; thence deflect to the left on a six degree curve for 570 feet to the south line of Borrow Pit No. 225; (Borrow Pit No. 225 being described in that certain Notice of Lis Pendens dated May 19, 1952, and recorded May 20, 1952, in Book 115 of Mortgages, page 77); thence East 430 feet to the east line of the West Half of said Northeast Quarter; thence South 2,250 feet to the southeast corner of said West Half of the Northeast Quarter; thence West 1,320 feet to the place of beginning. EXCEPTING from the above all rights-of-way of state highway and excepting the right-of-way of the railroad company.new text end

new text beginALSO an easement for right-of way purposes on a strip of land 50 feet in width adjoining and northwesterly of the northwesterly line of the above conveyed tract;new text end

new text begin(3) that part of the Northwest Quarter of Section 6, Township 112 North, Range 13 West, Goodhue County, Minnesota, lying northeasterly of the northeasterly right-of-way line of the Canadian Pacific Railroad (formerly the Chicago, Milwaukee and St. Paul Railway Co.); andnew text end

new text begin(4) Block 8 and Block 9, Wacouta Beach, according to the plat thereof, on file and of record in the Goodhue County Recorder's Office.new text end

new text beginSubd. 3.new text end

new text beginThe following area is added to Minneopa State Park, Blue Earth County: the East Half of Government Lot 5, Section 2, Township 108 North, Range 28 West, together with an easement 33 feet in width for access to said property, as now located, extending from the southwest corner of the East Half of Government Lot 5 in said Section 2, Township 108, Range 28, to Minnesota Highway 68.new text end

new text beginSubd. 4.new text end

new text begin[85.012] [Subd. 49.] St. Croix State Park, Pine County.new text end

new text beginThe following area is added to the St. Croix State Park, Pine County: the Northwest Quarter of the Northwest Quarter, Section 30, Township 41 North, Range 17 West.new text end

Sec. 93. new text beginDELETION FROM STATE PARK.new text end

new text begin[85.012] [Subd. 49.] St. Croix State Park, Pine County. new text endnew text beginThe following area is deleted from St. Croix State Park, Pine County: all that part of the Southeast Quarter of the Southeast Quarter, Section 21, and that part of the Southwest Quarter of the Southwest Quarter, Section 22, Township 41 North, Range 18 West, bounded by the following described lines: beginning at the southeast corner of Section 21; thence West 1,025 feet along the south section line; thence North 515 feet; thence East 350 feet; thence northeasterly 1,070 feet to a point on the centerline of County State-Aid Highway 22 a distance of 1,130 feet northerly of the southeast corner of Section 21 as measured along said County State-Aid Highway 22; thence southerly 1,130 feet along the centerline of County State-Aid Highway 22 to the point of beginning.new text end

Sec. 94. new text beginADDITIONS TO STATE FORESTS.new text end

new text beginSubdivision 1.new text end

new text begin[89.021] [Subd. 2.] Badoura State Forest.new text end

new text beginThe following areas are added to Badoura State Forest, Hubbard County:new text end

new text begin(a) Until July 1, 2019, the commissioner of natural resources must not expend funds to suspend or revoke a water appropriation permit, issue an order requiring a violation to be corrected, assess monetary penalties, or otherwise take enforcement action against a water appropriation permit holder if the suspension, revocation, order, penalty, or other enforcement action is based solely on a violation of a permit requirement added as a result of a court order issued in 2017.new text end

new text begin(b) The commissioner of natural resources may continue to use all the authorities granted to the commissioner under Minnesota Statutes, section 103G.287, to manage groundwater resources within the north and east groundwater management area.new text end

new text begin(a) Notwithstanding water appropriation permit requirements added by the commissioner of natural resources as a result of a court order issued in 2017, a public water supplier located in the seven-county metropolitan area within a designated groundwater management area:new text end

new text begin(1) is not required to revise a water supply plan to include contingency plans to fully or partially convert its water supplies to surface water;new text end

new text begin(2) may prepare, enact, and enforce commercial or residential irrigation bans or alternative measures that achieve similar water use reductions when notified by the commissioner of natural resources that lake levels have fallen below court-ordered levels; andnew text end

new text begin(3) is not required to use per capita residential water use as a measure for purposes of water use reduction goals, plans, and implementation and may submit water use plans and reports that use a measure other than per capita residential water use.new text end

new text beginSubdivision 1.new text end

new text beginDefinition.new text end

new text beginFor purposes of this section, "settlement money" means money awarded to the state under the Environmental Mitigation Trust Agreement for State Beneficiaries described in Attachment A to the United States' Notice of Filing of Trust Agreements in the case of United States v. Volkswagen AG et al., Case No. 16-cv-295 (N.D. Cal.).new text end

new text beginSubd. 2.new text end

new text beginLimitation on administrative expenses.new text end

new text beginThe commissioner of the Pollution Control Agency must use no more than three percent of any settlement money for administering grant programs, delivering technical services, providing fiscal oversight, and ensuring accountability.new text end

new text beginSubd. 3.new text end

new text beginProhibition on hiring.new text end

new text beginThe commissioner of the Pollution Control Agency must not hire additional staff using settlement money or to administer settlement money.new text end

new text begin(a) The commissioner of the Pollution Control Agency must amend Minnesota Rules, part 7048.1000, subpart 4, item D, to require six contact hours of required training to renew a type IV disposal facility certificate, by April 30, 2019, or nine months after enactment of this section, whichever is earlier.new text end

new text begin(b) The commissioner may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, section 14.386, does not apply, except as provided under Minnesota Statutes, section 14.388.new text end

Sec. 99. new text beginAPPLICATION OF STORM WATER RULES TO TOWNSHIPS.new text end

new text beginUntil the Pollution Control Agency amends rules for storm water, Minnesota Rules, part 7090.1010, subpart 1, item B, subitem (1), only applies to the portions of the city or township that are designated as urbanized under Code of Federal Regulations, title 40, section 122.26(a)(9)(i)(A) and other platted areas within that jurisdiction.new text end

Sec. 100. new text beginRULE CHANGE; TRANSITION.new text end

new text begin(a) The director of the State Lottery shall amend Minnesota Rules, part 7856.4030, so that the director compensates retailers consistent with Minnesota Statutes, section 349A.17.new text end

new text begin(b) For tickets sold prior to August 1, 2018, the director of the State Lottery shall compensate lottery retailers as provided by law or rule in effect on the date the ticket was sold.new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective August 1, 2018.new text end

Sec. 101. new text beginFOREST INVENTORY RECOMMENDATIONS.new text end

new text beginThe Minnesota Forest Resources Council shall work in cooperation with the Interagency Information Cooperative and the University of Minnesota Department of Forest Resources to make recommendations for improving stand-level forest inventories. Recommendations shall include the frequency and scope of forest inventory and design and technological improvements and efficiencies that may be utilized in forest inventory data collection and analysis. The recommendations shall address forest inventories of state- and county-administered forest lands and other interested land managers. Recommendations shall be reported to the house of representatives Environment and Natural Resources Policy and Finance Committee, the senate Environment and Natural Resources Finance Committee, and the senate Environment and Natural Resources Policy and Legacy Finance Committee by February 1, 2019.new text end

new text begin(a) To facilitate implementation of the Lake Winona total maximum daily load, the Alexandria Lake Area Sanitary District may fund or perform lake management activities in Lake Winona and in Lake Agnes. Lake management activities may include but are not limited to carp removal and alum treatment. If the district agrees to fund or perform lake management activities in Lake Winona and in Lake Agnes, the commissioner of the Pollution Control Agency shall do one of the following unless the district chooses another path to compliance that conforms to state and federal law, such as facility construction:new text end

new text begin(1) approve an offset of the phosphorous loading proportional to the reduction achievable through lake management activities in Lake Winona and Lake Agnes creditable to the Alexandria Lake Area Sanitary District's wastewater treatment facility and issue or amend the district's NPDES permit MN004738 to include the offset. The approved offset may be related to the lake eutrophication response variable chlorophyll-a, but shall ensure the district can achieve compliance with phosphorus effluent limits through wastewater optimization techniques without performing capital upgrades to the wastewater treatment facility. The lake management activities contemplated under this paragraph need not be completed before the commissioner approves the offset and related discharge limits or issues the permit, but the permit may include a schedule of compliance outlining the required lake management activities and requiring that lake management activities in Lake Winona and Lake Agnes begin immediately upon permit issuance. The approved offset and related permit language must be consistent with Clean Water Act requirements and Minnesota Statutes, section 115.03, subdivision 10; ornew text end

new text begin(2) amend the district's NPDES permit MN004738 in a manner consistent with state and federal law to include an integrated and adaptive lake management plan and to extend the final compliance deadline for the final phosphorus concentration effluent limit related to the site specific standard for Lake Winona contained in the district's permit until such time that carp removal in Lake Winona can be completed and the lake can be reassessed. The permit may include a schedule of compliance outlining the required lake management activities and requiring that lake management activities in Lake Winona and Lake Agnes begin immediately upon permit issuance.new text end

new text begin(b) If the district agrees to fund or perform the lake management activities identified in paragraph (a), the district may cooperate with the city of Alexandria in those efforts. The district's responsibility for lake management activities in Lake Winona and Lake Agnes terminates upon completion of the lake management activities identified in the schedule of compliance contemplated under paragraph (a).new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day after the governing body of the Alexandria Lake Area Sanitary District and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, but not before July 1, 2018.new text end

new text begin(a) Until August 1, 2023, the commissioner of natural resources must not stock muskellunge in waters wholly located in Otter Tail County. Any savings realized as a result must be used for walleye stocking.new text end

new text begin(b) The commissioner of natural resources must convene a stakeholder group to examine the effect of muskellunge on the environment, waters, and native fish of Otter Tail County. The stakeholder group must include an Otter Tail County commissioner, a representative of the Minnesota Chamber of Commerce, and a representative of an Otter Tail County lake association. The stakeholder group must examine existing scientific research and must determine whether additional research is necessary. If the stakeholder group determines that muskellunge do not pose a threat to the environment, waters, or native fish of Otter Tail County, the stakeholder group may recommend that the legislature repeal or adjust the moratorium imposed under paragraph (a).new text end

new text beginEFFECTIVE DATE.new text end

new text beginThis section is effective the day after the Otter Tail County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3, but not before July 1, 2018.new text end

new text beginThe commissioner of natural resources shall review and research options for delivering online safety training programs for youth and adult students, including off-highway vehicles and hunter education, that are maintained and delivered by the state that functions independently from an outside contract vendor. By March 1, 2019, the commissioner shall report to the chairs of the senate and house of representatives environment and natural resources policy and finance committees on options identified under this section.new text end

new text beginThe Board of Water and Soil Resources must convene a workgroup consisting of representatives of state agencies, local governments, tribal governments, private and nonprofit organizations, and others to review the nonpoint priority funding plan under Minnesota Statutes, section 114D.50, subdivision 3a. By January 31, 2019, the board must submit a report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over environment and natural resources that contains recommendations to improve the effectiveness of nonpoint priority funding plans to meet the requirements in Minnesota Statutes, section 114D.50, subdivision 3a, the purposes in Minnesota Statutes, section 114D.50, subdivision 3, and the watershed and groundwater restoration and protection goals of Minnesota Statutes, chapters 103B and 114D.new text end

ARTICLE 3

ACCELERATED BUFFER STRIP IMPLEMENTATION

Section 1.

Subdivision 1.

Purpose.

The purpose of the agriculture best management practices loan program is to provide low or no interest financing to farmers, agriculture supply businesses, deleted text beginruraldeleted text end landowners, and deleted text beginwater-quality cooperativesdeleted text endnew text begin approved environmental service providersnew text endfor the implementation of agriculture and other best management practices that reduce environmental pollution.

(d) "Allocation" means the funds awarded to an applicant for implementation of best management practices through a competitive or noncompetitive application process.

(e) "Applicant" means a local unit of government eligible to participate in this program that requests an allocation of funds as provided in subdivision 6b.

(f) "Best management practices" has the meaning given in sections 103F.711, subdivision 3, and 103H.151, subdivision 2. Best management practices also means other practices, techniques, and measures that have been demonstrated to the satisfaction of the commissioner: (1) to prevent or reduce adverse environmental impacts by using the most effective and practicable means of achieving environmental goals; or (2) to achieve drinking water quality standards under chapter 103H or under Code of Federal Regulations, title 40, parts 141 and 143, as amended.

(k) "Cost incurred" means expenses for implementation of a project accrued because the borrower has agreed to purchase equipment or is obligated to pay for services or materials already provided as a result of implementing an approved eligible project.

new text begin(l) "Environmental service providers" means public or private organizations and businesses approved by the commissioner that provide services or materials for implementation of eligible best management practices for, or on behalf of, eligible individuals or multiple individuals, including but not limited to drainage authorities, watershed districts, municipalities, counties, water-quality cooperatives, or private businesses providing environment-related services or materials, except as expressly limited in this section.new text end

deleted text begin(l)deleted text endnew text begin (m)new text end "Farmer" means a person, partnership, joint venture, corporation, limited liability company, association, firm, public service company, or cooperative that regularly participates in physical labor or operations management of farming and files a Schedule F as part of filing United States Internal Revenue Service Form 1040 or indicates farming as the primary business activity under Schedule C, K, or S, or any other applicable report to the United States Internal Revenue Service.

new text begin(n) "Landowner" means the owner of record of Minnesota real estate on which the project is located.new text end

deleted text begin(m)deleted text endnew text begin (o)new text end "Lender agreement" means an agreement entered into between the commissioner and a local lender which contains terms and conditions of participation in the program.

deleted text begin(n)deleted text endnew text begin (p)new text end "Local government unit" means a county, soil and water conservation district, or an organization formed for the joint exercise of powers under section 471.59 with the authority to participate in the program.

deleted text begin(o)deleted text endnew text begin (q)new text end "Local lender" means a local government unit as defined in paragraph deleted text begin(n)deleted text endnew text begin (p)new text end, new text begina local municipality or county with taxing or special assessment authority, a watershed district, a drainage authority, a township,new text end a state or federally chartered bank, a savings association, a state or federal credit union, Agribank and its affiliated organizations, or a nonprofit economic development organization or other financial lending institution approved by the commissioner.

deleted text begin(p)deleted text endnew text begin (r)new text end "Local revolving loan account" means the account held by a local government unit and a local lender into which principal repayments from borrowers are deposited and new loans are issued in accordance with the requirements of the program and lender agreements.

deleted text begin(s)deleted text endnew text begin (u)new text end "Project" means one or more components or activities located within Minnesota that are required by the local government unit to be implemented for satisfactory completion of an eligible best management practice.

deleted text begin(t)deleted text enddeleted text begin "Rural landowner" means the owner of record of Minnesota real estate located in deleted text enddeleted text beginan area determined by the local government unit to be rural after consideration of local land deleted text enddeleted text beginuse patterns, zoning regulations, jurisdictional boundaries, local community definitions, deleted text enddeleted text beginhistorical uses, and other pertinent local factors.deleted text end

deleted text begin(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph (d), except as expressly limited in this section.deleted text end

Sec. 3.

Subd. 11.

Loans issued to borrower.

(a) Local lenders may issue loans only for projects that are approved and certified by the local government unit as meeting priority needs identified in a comprehensive water management plan or other local planning documents, are in compliance with accepted practices, standards, specifications, or criteria, and are eligible for financing under Environmental Protection Agency or other applicable guidelines.

(b) The local lender may use any additional criteria considered necessary to determine the eligibility of borrowers for loans.

(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:

(1) no loan to a borrower may exceed $200,000;

(2) no loan for a project may exceed $200,000; and

(3) no borrower shall, at any time, have multiple loans from this program with a total outstanding loan balance of more than $200,000.

(d) The maximum term length for projects in this paragraph is ten years.

(e) Fees charged at the time of closing must:

(1) be in compliance with normal and customary practices of the local lender;

(2) be in accordance with published fee schedules issued by the local lender;

(3) not be based on participation program; and

(4) be consistent with fees charged other similar types of loans offered by the local lender.

(f) The interest rate assessed to an outstanding loan balance by the local lender must not exceed three percent per year.

new text begin(g) Environmental service providers may request loans to finance projects implemented on behalf of multiple eligible individuals in excess of the limits in paragraph (c), not to exceed the total of the number of represented landowners multiplied by the limit in paragraph (c), clause (1).new text end

Subd. 6.

(a) Notwithstanding other provisions of this chapter requiring appointment of viewers and redetermination of benefits and damages, a drainage authority may deleted text beginimplementdeleted text endnew text begin make findings and order the establishment ofnew text end permanent buffer strips of perennial vegetation deleted text beginapproved by the drainage authoritydeleted text end or side inlet controls, or both, adjacent to a public drainage ditch, where necessary to control erosion and sedimentation, improve water quality, or maintain the efficiency of the drainage system. new text beginThe drainage authority's finding that the establishment of permanent buffer strips of perennial vegetation or side inlet controls is necessary to control erosion and sedimentation, improve water quality, or maintain the efficiency of the drainage system is sufficient to confer jurisdiction under this subdivision. new text endPreference should be given to planting native species of a local ecotype. The approved perennial vegetation shall not impede future maintenance of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width measured outward from the top edge of the existing constructed channel. Drainage system rights-of-way for the acreage and additional property required for the permanent strips must be acquired by the authority having jurisdiction.

(b) A project under this subdivision shall be implemented as a repair according to section 103E.705, except that the drainage authority may appoint an engineer to examine the drainage system and prepare an engineer's repair report for the project.

(c) Damages shall be determined by the drainage authority, or viewers, appointed by the drainage authority, according to section 103E.315, subdivision 8. A damages statement shall be prepared, including an explanation of how the damages were determined for each property affected by the project, and filed with the auditor or watershed district. Within 30 days after the damages statement is filed, the auditor or watershed district shall prepare property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), (6), (7), and (8), and mail a copy of the property owner's report and damages statement to each owner of property affected by the proposed project.

(d) After a damages statement is filed, the drainage authority shall set a time, by order, not more than 30 days after the date of the order, for a hearing on the project. At least ten days before the hearing, the auditor or watershed district shall give notice by mail of the time and location of the hearing to the owners of property and political subdivisions likely to be affected by the project.

(e) The drainage authority shall make findings and order the repairs to be made if the drainage authority determines from the evidence presented at the hearing and by the viewers and engineer, if appointed, that the repairs are necessary for the drainage system and the costs of the repairs are within the limitations of section 103E.705.

Sec. 5.

Minnesota Statutes 2016, section 103E.071, is amended to read:

103E.071 COUNTY ATTORNEY.

The county attorney shall represent the county in all drainage proceedings and related matters without special compensationnew text begin, except as provided in section 388.09, subdivision 1new text end. A county attorney, the county attorney's assistant, or any attorney associated with the county attorney in business, may not otherwise appear in any drainage proceeding for any interested person.

Sec. 6.

Subdivision 1.

Conditions to redetermine benefits and damages; appointment of viewers.

If the drainage authority determines that the deleted text beginoriginaldeleted text end benefits or damages new text beginof record new text enddetermined in a drainage proceeding do not reflect reasonable present day land values or that the benefited or damaged areas have changed, or if more than deleted text begin50deleted text endnew text begin 26new text end percent of the owners of propertynew text begin, or owners of 26 percent of the property,new text end benefited or damaged by a drainage system petition for deleted text begincorrection of an error that was made at the time of the proceedings that established the drainage systemdeleted text endnew text begin a redetermination of benefits and damagesnew text end, the drainage authority may appoint three viewers to redetermine and report the benefits and damages and the benefited and damaged areas.

new text beginWith the consent of the property owner where the drainage ditch buffer will be located, a drainage authority, as defined in Minnesota Statutes, section 103E.005, subdivision 9, may plant and maintain 16-1/2-foot ditch buffer strips that meet the width and vegetation requirements of Minnesota Statutes, section 103E.021, before acquiring and compensating for the buffer strip land rights according to Minnesota Statutes, chapter 103E. Planting and maintenance costs may be paid in accordance with Minnesota Statutes, chapter 103E. This section expires June 30, 2019.new text end

ARTICLE 4

RUNOFF AND SEDIMENT DELIVERY OPTION

Section 1.

Minnesota Statutes 2016, section 103E.005, is amended by adding a subdivision to read:

new text beginSubd. 27a.new text end

new text beginRelative runoff.new text end

new text begin"Relative runoff" includes the surface and subsurface runoff potential from a specific property compared on an equitable basis to all other properties contributing runoff to the drainage system.new text end

Sec. 2.

Minnesota Statutes 2016, section 103E.005, is amended by adding a subdivision to read:

new text beginSubd. 27b.new text end

new text beginRelative sediment delivery.new text end

new text begin"Relative sediment delivery" means the sediment delivery potential from a specific property compared on an equitable basis to all other properties contributing runoff to the drainage system.new text end

Subdivision 1.

Notice of appeal.

A party may appeal an order made by the board that dismisses drainage new text beginproject new text endproceedings deleted text beginordeleted text endnew text begin,new text end establishes deleted text beginor refuses to establishdeleted text end a drainage projectnew text begin, or approves a repair cost apportionment reportnew text end to the district court of the county where the drainage proceedings new text beginor drainage system repair new text endare pending. The appellant must serve notice of the appeal to the auditor new text beginor secretary new text endwithin 30 days after the order is filed. deleted text beginAfter notice of the appeal is served, the appeal may be brought to trial by the appellant or the drainage authority after notifying the other party at least ten days before the trial date.deleted text end

Subd. 2.

Trial.

The appeal must be tried by the court without a jury. The court shall examine the entire drainage proceeding and related matters and receive evidence to determine whether the findings made by the board can be sustained. At the trial the findings made by the board are prima facie evidence of the matters stated in the findings, and the board's order is prima facie reasonable. If the court finds that the order appealed is lawful and reasonable, it shall be affirmed. If the court finds that the order appealed is arbitrary, unlawful, or not supported by the evidence, it shall make an order, justified by the court record, to take the place of the appealed ordernew text begin or repair cost apportionment reportnew text end, or remand the order new text beginor report new text endto the board for further proceedings. After the appeal has been determined by the court, the board shall proceed in conformity with the court order.

Subd. 3.

Determination of benefits and damages after court order.

If the order establishing a drainage project is appealed, the trial of appeals related to benefits or damages in the drainage proceeding must be stayed until the establishment appeal is determined. If the order establishing the drainage project is affirmed, appeals related to benefits and damages must then be tried.

Subd. 4.

Procedure if appeal order establishes drainage project.

If an order refusing to establish a drainage project is appealed, and the court, by order, establishes the drainage project, the auditor shall give notice by publication of the filed order. The notice is sufficient if it refers to the drainage project or system by number or other descriptive designation, states the meaning of the order, and states the date the court order was filed. A person may appeal the establishment order to the district court as provided in this section.

Subd. 5.

Appeal of appellate order.

A party aggrieved by a final order or judgment rendered on appeal to the district court may appeal as in other civil cases. The appeal must be made and perfected within 30 days after the filing of the order or entry of judgment.

Sec. 4.

Subd. 5.

Subsequent proceedings.

When a petition and the bond required by section 103E.202 are filed, the auditor shall present the petition to the board at its next meeting or, for a joint county drainage system, to the joint county drainage authority within ten days after the petition is filed. The drainage authority shall appoint an engineer to examine the drainage system and make an improvement report. The improvement proceedings must be conducted under this chapter as provided for the original proceedings for the establishment of a drainage project. The benefits and damages determined must be as a result of the proposed improvement. deleted text beginAssessments for the repair of the improvement must be based on the benefits determined for the improvement.deleted text end

Sec. 5.

Subd. 4.

Hearing.

At the hearing the drainage authority shall consider the capacity of the outlet drainage system. If express authority is given to use the drainage system as an outlet, the drainage authority shall state, by order, the terms and conditions for use of the established drainage system as an outlet and shall set the amount to be paid as an outlet fee. The order must describe the property to be benefited by the drainage system and must state the amount of benefits to the property for the outlet. The property benefited is liable for new text beginrepair new text endassessments levied after that time in the drainage system, deleted text beginon the basis of the benefits as if the benefits had been determined in the order establishing the drainage systemdeleted text endnew text begin in accordance with section 103E.728new text end.

Sec. 6.

Subd. 5.

Benefits and assessments if drainage system established.

If the drainage system is established, the drainage authority must determine the amount the municipality must pay for the privilege of using the drainage system as an outlet. The amount must be paid to the deleted text beginaffected countiesdeleted text endnew text begin drainage authoritynew text end and credited to the account of the drainage system used as an outlet. The municipality is liable for all subsequent liens and assessments for the repair and maintenance of the drainage system in deleted text beginproportion to the benefits, as though the benefits were determined in the order establishing the drainage systemdeleted text endnew text begin accordance with section 103E.728new text end.

Sec. 7.

Subdivision 1.

Municipalities.

Assessments filed deleted text beginfor benefitsdeleted text end to a municipality are a liability of the municipality and are due and payable with interest in installments on November 1 of each year as provided in section 103E.611. If the installments and interest are not paid on or before November 1, the amount due with interest added as provided in section 103E.611 must be extended by the county auditor against all property in the municipality that is liable to taxation. A levy must be made and the amount due must be paid and collected in the same manner and time as other taxes.

Sec. 8.

Subd. 2.

County or state-aid road.

If a public road deleted text beginbenefiteddeleted text endnew text begin assessednew text end is a county or state-aid road, the assessment filed is against the county and must be paid out of the road and bridge fund of the county.

Sec. 9.

Subd. 3.

State trunk highway.

An assessment against the state deleted text beginfor benefitsdeleted text end to trunk highways is chargeable to and payable out of the trunk highway fund. The commissioner of transportation shall pay assessments from the trunk highway fund after receipt of a certified copy of the assessment against the state deleted text beginfor benefitsdeleted text end to a trunk highway.

Sec. 10.

Subd. 5.

State property.

State property, including rural credit property, is assessable for benefits receivednew text begin, or repair costs in accordance with section 103E.728new text end. The assessment must be paid by the state from funds appropriated and available for drainage assessments after the state officer having jurisdiction over the assessed property certifies the assessment to the commissioner of management and budget.

Sec. 11.

Subd. 7.

Railroad and utility property.

Property owned by a railroad or other utility corporation benefited by a drainage project is liable for the assessments deleted text beginofdeleted text endnew text begin fornew text end benefits on the propertynew text begin, and for repair costs apportioned in accordance with section 103E.728,new text end as other taxable property. From the date the drainage lien is recorded, the amount of the assessment with interest is a lien against all property of the corporation within the county. Upon default the assessment may be collected by civil action or the drainage lien may be foreclosed by action in the same manner as provided by law for the foreclosure of mortgage liens. The county where the drainage lien is filed has the right of action against the corporation to enforce and collect the assessment.

Sec. 12.

Subdivision 1.

Repair cost statement.

For a joint county drainage system the auditor of a county that has made repairs may present a repair cost statement at the end of each year, or other convenient period after completion, to each affected county. The repair cost statement must show the nature and cost of the repairs to the drainage system and must be deleted text beginbased on the original apportionment of cost following the establishment of the drainage systemdeleted text endnew text begin apportioned in accordance with section 103E.728new text end. If a board approves the repair costs, the amount of the statement must be paid to the county submitting the statement.

Sec. 13.

Subd. 4.

Hearing on repair report.

(a) The drainage authority shall make findings and order the repair to be made if:

(1) the drainage authority determines from the repair report and the evidence presented that the repairs recommended are necessary for the best interests of the affected property owners; or

(2) the repair petition is signed by the owners of at least 26 percent of the property area affected by and assessed for deleted text beginthe original constructiondeleted text endnew text begin benefitsnew text end of the drainage system, and the drainage authority determines that the drainage system is in need of repair so that it no longer serves its deleted text beginoriginaldeleted text end purpose and the cost of the repair will not exceed the total benefits deleted text begindetermined in the original drainage system proceedingdeleted text endnew text begin of record for the drainage systemnew text end.

(b) The order must direct the auditor and the chair of the board or, for a joint county drainage system, the auditors of the affected counties to proceed and prepare and award a contract for the repair of the drainage system. The contract must be for the repair described in the repair report and as determined necessary by the drainage authority, and be prepared in the manner provided in this chapter deleted text beginfor the original drainage system constructiondeleted text end.

Sec. 14.

Subd. 5.

Apportionment of repair cost for joint county drainage system.

For the repair of a joint county drainage system, the drainage authority shall, by order, apportion the repair cost among affected counties in deleted text beginthe same manner required in the original construction of the drainage systemdeleted text endnew text begin accordance with section 103E.728new text end.

Sec. 15.

Minnesota Statutes 2016, section 103E.725, is amended to read:

103E.725 COST OF REPAIR.

All fees and costs incurred for proceedings relating to the repair of a drainage system, including inspections, engineering, viewing, new text begindetermination and administration of repair cost apportionment, hearings, new text endand publications, new text beginas applicable, new text endare costs of the repair deleted text beginand must be assessed against the property and entities benefiteddeleted text end.

Sec. 16.

Subdivision 1.

Generally.

new text beginExcept as otherwise provided in this section, new text endthe cost of repairing a drainage system shall be apportionednew text begin:new text end

new text begin(1)new text end pro rata on all property and entities that have been assessed benefits for the drainage system deleted text beginexcept as provided in this sectiondeleted text endnew text begin based on an applicable confirmed viewers' report of benefits and damages; ornew text end

new text begin(2) on all property contributing runoff to the drainage system, based on relative runoff and relative sediment delivery in an approved repair cost apportionment report, in accordance with subdivision 1anew text end.

new text beginRepair costs apportioned using the method in clause (2) are charges for property contributing runoff to the drainage system that shall be considered repair cost assessments in this chapter.new text end

Sec. 17.

Minnesota Statutes 2016, section 103E.728, is amended by adding a subdivision to read:

new text beginSubd. 1a.new text end

new text begin(a) When the drainage authority has determined that a drainage system repair is necessary, the drainage authority may apportion costs for the repair of a drainage system based on relative runoff and relative sediment delivery from any property, public road, street, railway, or other utility contributing runoff to the drainage system as provided in this subdivision. If this cost apportionment method is used, costs must be determined prior to ordering the repair of all or any part of a drainage system as provided in section 103E.705, subdivision 3, or 103E.715, subdivision 4, or prior to levying a repair fund assessment as provided in section 103E.735, subdivision 1.new text end

new text begin(b) The drainage authority shall appoint one or more persons qualified to use geographic information system technology and applicable digital information, including but not limited to conditioned topographic data, soils and land use data, and property, road, and utility corridor identification data, together with appropriate on-site verification, to equitably apportion repair costs.new text end

new text begin(c) The person or persons conducting the cost apportionment shall file a repair cost apportionment report with the drainage authority explaining in nontechnical language the method, data, and interpretations used, and the cost apportionment results. The report shall present data and results in a format so that individual property owners, political subdivisions, and utilities can clearly examine the information applicable to their property, public road, street, railway, or other utility, including for each parcel having a separate property identification number.new text end

new text begin(d) When a repair cost apportionment report is filed, the drainage authority, in consultation with the auditor or secretary, shall set a time, by order, for a hearing on the report not more than 30 days after the date of the order. At least 20 days before the hearing, the auditor or secretary shall give notice by mail of the time and location of the hearing to the owners of property, political subdivisions, and utilities proposed to be assessed in the report. The notice of hearing must include a copy of the portion of the report explaining in nontechnical language the method, data, and interpretations used, the cost apportionment results applicable to the property owner, political subdivision, or utility receiving notice, and a statement of the location where the entire repair cost apportionment report has been filed for public inspection.new text end

new text begin(e) At the hearing, the drainage authority shall hear and consider the testimony presented by all interested parties. At least one person responsible for preparing the repair cost apportionment report shall be present at the initial hearing.new text end

new text begin(f) If the drainage authority determines that the apportionment of costs is not equitable, the drainage authority may amend the repair cost apportionment report and shall make necessary and proper findings and an order in relation to the report, or resubmit matters to the preparer of the repair cost apportionment report for further consideration. If matters are resubmitted, the hearing may be continued as necessary to make and hear an amended report. The report preparer shall proceed promptly to reconsider resubmitted matters and shall make and file an amended report. The drainage authority may replace the original report with the amended report for apportionment of repair costs and make necessary and proper findings and an order to approve the amended report. The jurisdiction of the drainage authority continues in the property given proper notice, and new or additional notice is not required for that property.new text end

new text begin(g) After consideration of the repair cost apportionment report, any amended report, and all evidence presented, the drainage authority shall make findings, approve the report, and apportion repair costs consistent with the values in the repair cost apportionment report if it finds that the cost apportionment is equitable based on:new text end

new text begin(1) the weighting of relative runoff and relative sediment delivery is appropriate for the type of repair;new text end

new text begin(2) the data inputs are reliable; andnew text end

new text begin(3) the computation method is reliable.new text end

new text begin(h) The drainage authority may continue to apportion repair costs consistent with the values in the repair cost apportionment report of record. After a repair cost apportionment report has been approved under this subdivision, an owner of property, a political subdivision, or a utility assessed in the repair cost apportionment report of record may request in writing that the drainage authority update the report based on changed land use. The request shall be filed with the auditor of the county where the property is located or the secretary. Prior to the next approval by the drainage authority of a repair cost assessment for the drainage system, the drainage authority shall determine if the repair cost apportionment report of record reasonably reflects current land use, relative runoff, and relative sediment delivery. If it does not, the drainage authority shall make findings and shall appoint one or more persons to prepare and file an updated repair cost apportionment report for the drainage system in accordance with paragraphs (c), (d), (e), (f), and (g).new text end

new text begin(i) Proper consideration must be given to property that is used for conservation that prohibits development or land use change by ownership, deed restriction, or conservation easement, or is enrolled in a program that prohibits agricultural crop production.new text end

new text begin(j) The owner of any property subject to cost apportionment listed in the adopted repair cost apportionment report may appeal findings of the drainage authority under paragraph (g) as provided in section 103E.095.new text end

Sec. 18.

Subd. 2.

(a) The drainage authority may, after notice and hearing, charge an additional assessment on property that has agricultural practices on or otherwise violates provisions related to the permanent strip of perennial vegetation acquired under section 103E.021.

(b) The drainage authority may determine the cost of the repair per mile of open ditch on the ditch system. Property that is in violation of the deleted text begingrassdeleted text endnew text begin section 103E.021 perennial buffer stripnew text end requirement shall be assessed deleted text beginadeleted text endnew text begin an additionalnew text end cost of 20 percent of the repair cost per open ditch mile multiplied by the length of open ditch in miles on the property in violation.

(c) After the amount of the additional assessment is determined and applied to the repair cost, the balance of the repair cost may be apportioned deleted text beginpro ratadeleted text end as provided in subdivision 1.

Sec. 19.

Subdivision 1.

Repair cost deleted text beginofdeleted text end assessments.

If there is not enough money in the drainage system account to make a repair, the board shall assess the costs of the repairs deleted text beginon all property and entities that have been assessed benefits for the drainage systemdeleted text endnew text begin in accordance with section 103E.728new text end.

Sec. 20.

Subd. 2.

Number of installments.

The assessments may be paid in new text beginup to 15 new text endannual installments specified in the assessment order. deleted text beginIf the assessments are not more than 50 percent of the original cost of the drainage system, the installments may not exceed ten. If the assessments are greater than 50 percent of the original cost of the drainage system, the board may order the assessments to be paid in 15 or less installments.deleted text end

Sec. 21.

Subd. 6.

Repair of state drainage system when no benefits assessed.

For the repair of a drainage system established by the state where benefits were not assessed to the property, the drainage authority shall deleted text beginproceed to appoint viewers to determine the benefits resulting from the repairdeleted text endnew text begin apportion repair costs in accordance with section 103E.728,new text end and collect assessments for the repair as provided in this chapter.

Sec. 22.

Subdivision 1.

Authority and limits of fund.

To create new text beginor maintain new text enda repair fund for a drainage system to be used only for repairs, the drainage authority may apportion and assess an amount deleted text beginagainst all property and entities assessed for benefits in proceedings for establishment of the drainage system, including property not originally assessed and subsequently found to be benefited according to lawdeleted text endnew text begin in accordance with section 103E.728new text end. The fund may not exceed 20 percent of the assessed benefits of the drainage system or $100,000, whichever is greater. If the account in a fund for a drainage system exceeds the larger of 20 percent of the assessed benefits of the drainage system or $100,000, assessments for the fund may not be made until the account is less than the larger of 20 percent of the assessed benefits or $100,000. deleted text beginAssessments must be made pro rata according to the determined benefits.deleted text end Assessments may be made payable, by order, in equal annual installments. The auditor shall file a tabular statement as provided in section 103E.731, subdivision 4, with the county recorder. Assessments must be collected as provided in section 103E.731.

APPENDIX

Repealed Minnesota Statutes: S3141-2

349A.16 LOTTERY RETAILER COMMISSIONS.

The director of the State Lottery shall: (1) increase commissions paid to lottery retailers in effect on January 1, 1998, by one-half percent on the price of each ticket sold by each retailer; and (2) provide that each lottery retailer receive a commission of at least one percent on the amount of each winning ticket cashed by that retailer. The director of the State Lottery shall periodically review lottery ticket sales and make such adjustments to lottery retailer commission rates as are deemed necessary to maintain appropriate return to the state.